Work or go home without pay.

[Glenn63]

So my gf is a hgv driver for a decent sized local firm, 50 or so units. I worked there myself when I first passed my test and it’s never been the greatest firm but it’s now getting worse.
Almost every shift she goes in the wagons just aren’t fit for the job. Either bulbs out, missing/broken bodywork, trailer curtains ripped or straps missing, bold tyres with cords showing. The state of the cabs inside is frankly disgusting, filthy with old food and packets all over the place clearly never cleaned and certainly not sanitised with this virus flying around.
She’s spend a fortune of her own money recently in wipes,sanitisers other cleaning products to do her best, at the beginning of this lock down she asked to use the same truck each day to reduce the risk but was pretty much ignored.
She’s now been reporting things almost daily to the upper management about the truck defects as obviously none of the other drivers are fixing anything ( she does 4 on 4 off so shared by quite a few drivers) and how she’s coming in to literally illegal trucks.
The firm is regularly pulled in by vosa who have a site between her yard and the motorway so she passes several times a day so a good chance she could get a tug.
When she rings up in the morning with a truck with several defects it’s met with, well there’s no other trucks so either use it or go home but you won’t be paid.
They have a garage but has often had to go and spend a couple hours fixing things but then has to do her normal runs, she does same two runs per day for days wage so with the added hours at the garage means nearing 15 hours regularly for same money. All the other drivers literally don’t give a st risk the driving during the day get done and go home early leaving the wagons a disgrace. She’s doesn’t often see them but has outed them a few times and met with shrug of shoulders or ‘it was fine when I left it’.
What are her options with this? She obviously needs to be paid but also wants to keep her license and not risk paying fines daily. Hopefully when my place starts taking on again she’ll get on here but could be a long time yet.
Sorry for the long rant and help appreciated, cheers

[Taita]

Ring VOSA directly?

[LosingGrip]

Personally leave ASAP. Easier said than done I know.

Is she part of a union? I'd document everything. Photos if need be.

Flag it up all the time to her supervisor. Explain that if they allow her to drive knowing it's illegal, they commit an offence of permitting.

[ChevronB19]

And keep a written record of all issues, including preferably email rather than verbal communication regarding faults etc.

[StevieBee]

The company cannot do what they are doing. If they are providing employment to someone they are obligated to enable that person to work safely and legally. They cannot offer the choice between dangerous and illegal operation or no work - that in itself is illegal. And don't forget that the minute your Girlfriend drives out of the yard, she is responsible for the vehicle she is driving and thus liable for any penalty.

I would urge her to make this point firmly but politely. If nothing changes then throw what would be a very hefty book at them.

[cossy400]

Just tell them to ring DVSA and tell them that safety is being ignored and you want them to pay a visit.

Im pretty sure they are all back open now.

[Glenn63]

StevieBee said:

The company cannot do what they are doing. If they are providing employment to someone they are obligated to enable that person to work safely and legally. They cannot offer the choice between dangerous and illegal operation or no work - that in itself is illegal. And don't forget that the minute your Girlfriend drives out of the yard, she is responsible for the vehicle she is driving and thus liable for any penalty.

I would urge her to make this point firmly but politely. If nothing changes then throw what would be a very hefty book at them.

But who does she go to? She has several pictures, txt conversations etc in case she needs them in the future.
She went in yesterday (starts around 5am) and was back home for 6:30 as the truck has several bulbs out including a headlight, and a tyre showing cords. Transport man in the office said it’s legal and to use it, unsure how he knows sitting in his office 5 miles away, so she refused to use it and came home, no doubt she’ll be deducted the days pay.
She’s emailed a few other people and try and get through to some one who might actually care so see what happens this time.

[Taita]

Taita said:

Ring VOSA directly?

Please see above?

[VFX_Artist]

Taita said:

Taita said:

Ring VOSA directly?

Please see above?

Alternatively you could ring the HSE who have much much greater powers (imo) that make the directors personally responsible.

[Glenn63]

VFX_Artist said:

Taita said:

Taita said:

Ring VOSA directly?

Please see above?

Alternatively you could ring the HSE who have much much greater powers (imo) that make the directors personally responsible.

But it still means she’ll be at home without a wage. Will reporting to vosa not just increase the stops they get out on the road or can they actual go into firms to check things?
il have a look at the HSE route.

[A500leroy]

constructive dismissal.

[One Amp Andy]

VFX_Artist said:

Alternatively you could ring the HSE who have much much greater powers (imo) that make the directors personally responsible.

In this instance, I think a call (or at the moment an email) to the traffic commissioners office in the companies relevant area would have way more clout. Most of what I have read is way under the required undertakings to hold an operators licence. This type of operator are the ones the TC wants to stamp out, and rightly so.

[cossy400]

Glenn63 said:

VFX_Artist said:

Taita said:

Taita said:

Ring VOSA directly?

Please see above?

Alternatively you could ring the HSE who have much much greater powers (imo) that make the directors personally responsible.

But it still means she’ll be at home without a wage. Will reporting to vosa not just increase the stops they get out on the road or can they actual go into firms to check things?
il have a look at the HSE route.

They can turn up when they like, or they can make an appointment.

Either way regarding wages, believe me if shes stopped the fine coming her way will be a weeks wages gone not a day.

[One Amp Andy]

Glenn63 said:

But it still means she’ll be at home without a wage. Will reporting to vosa not just increase the stops they get out on the road or can they actual go into firms to check things?
il have a look at the HSE route.

Oh they'll go in there alright, especially with supporting evidence. They will go through everything, service records, defects reported/rectified, receipts for work done....pretty much everything. Which area are they based? I'll give you the email for the best person to send it to. P.m. me the company if you like and I'll do it for you quite happily...Cowboys like this need to fk off imo.

[One Amp Andy]

cossy400 said:

Either way regarding wages, believe me if shes stopped the fine coming her way will be a weeks wages gone not a day.

You're not kidding! Good on her for standing up to them too.

[Muzzer79]

If the company is that reckless/brazen to send vehicles out with illegal defects, there's nothing your GF can do which will make them sort it out and still pay her.

I wouldn't risk going out in a truck weighing 40 tons that had bald tyres, not even mentioning the fine if caught by VOSA or the points if caught by police.

She needs to look for another job with a better company. In the meantime, how lucky do you feel?

[Glenn63]

Well a slight turn of events, she has just got in from work today (with no issues) and one of the higher bosses must have heard about yesterday or seen some of the emails and has arranged to meet her tomorrow morning and go out with her on the first run to discuss the things mentioned and probably to have a look what’s actually going on at ‘ground’ level.
She’s actually quite happy with that fact some ones actually took notice this time so hopefully can get her issues across and show face to face the problems (no doubt tomorrow will be perfectly issue free!) but she still has previous issues saved to show etc.
Itl be a bad day for whoever has her truck before her tonight if it’s left in it’s usual disgrace!
Cheers for the replies much appreciated.

[Glenn63]

Muzzer79 said:

If the company is that reckless/brazen to send vehicles out with illegal defects, there's nothing your GF can do which will make them sort it out and still pay her.

I wouldn't risk going out in a truck weighing 40 tons that had bald tyres, not even mentioning the fine if caught by VOSA or the points if caught by police.

She needs to look for another job with a better company. In the meantime, how lucky do you feel?

This is the issue, there was always the odd thing but for some reason some drivers will happily ignore and crack on even though they are only sacrificing themselves I just don’t get it! But recently it’s got a lot worse and the more trucks get pulled and defects found the more and more the company will be pulled so it’s only a matter of time before ‘luck’ does run out so iv told her never to go out unless she is confident there are no issues as it’s only her own licence that will be removed/job lost and the office numpties will carry on pushing their mouse about.

[LosingGrip]

Glenn63 said:

Well a slight turn of events, she has just got in from work today (with no issues) and one of the higher bosses must have heard about yesterday or seen some of the emails and has arranged to meet her tomorrow morning and go out with her on the first run to discuss the things mentioned and probably to have a look what’s actually going on at ‘ground’ level.
She’s actually quite happy with that fact some ones actually took notice this time so hopefully can get her issues across and show face to face the problems (no doubt tomorrow will be perfectly issue free!) but she still has previous issues saved to show etc.
Itl be a bad day for whoever has her truck before her tonight if it’s left in it’s usual disgrace!
Cheers for the replies much appreciated.

Fingers crossed! It would be nice if the big boss just turned up and didn't tell anyone.

We used to get it at my old job (delivery driver for Tesco). They would make sure everything is perfect for when the area manager was around.

[lyonspride]

Glenn63 said:

Transport man in the office said it’s legal and to use it, unsure how he knows sitting in his office 5 miles away

Sounds about bloody right, I bet they've got paperwork to show the vehicles are safe, and that's basically all anyone checks these days. It's like with ISO9001, they send an auditor around, they're clueless, they look at a pile of paperwork and they leave, they don't know that it's all just BS and in fact the place is falling apart, because they don't check anything physical, desk jockeys....