I think I need a solicitor, but...

I think I need a solicitor, but...

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NickM450

Original Poster:

2,636 posts

201 months

Friday 13th October 2017
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Hi all,

I've started a few threads recently about some issues that I'm having at work, Working Time Directive, potential speeding fine and such. Safe to say the job I've loved for the last 9 years has become a bit of a pain after we've moved to a new depot and new contract cry

Why I think I need a solicitor, in a nutshell our new contract is 45 hour weekly average over a 17 week reference period. Some weeks you do over, others you do less and the plan is that your average will be 45. My average is on the high side of 49, meaning I've worked in the region of 79 hours over what I was expected to do over the 17 week period.

I had a quiet word with the HR guy today and he said there is nothing in the contract that stipulates what happens to the owed hours and he said they are potentially lost, I've worked them for free.

Now I love my job, I really do but even I won't do it for free! Question is do I need a solicitor, if so is anyone good enough or do I need a specialist? So many questions and I have no idea!

Over to you, the kind PH brains smile

NickM450

Original Poster:

2,636 posts

201 months

Saturday 14th October 2017
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Good guess, yup I'm a HGV driver. Contract unfortunately does not state anything specific about if you go over your hours over the reference period. All it says is that "you will not exceed an average of 48 hours per week in any applicable reference period" which I have. It also says "reviewed on a monthly basis" which of course it hasn't.

I feel a resignation letter coming on, problem is I can see myself there until retirement but if these hours are definitely lost then I'll resign, no doubt. I'm not working for free!

NickM450

Original Poster:

2,636 posts

201 months

Monday 16th October 2017
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FocusRS3 said:
I'm not 100% sure you need a solicitor and exactly what you want a solicitor to do for you ?

Chances are if you get legal with them then there will be backlash and you'll want out anyhow ?

Trust me , from experience , sometimes it's easier to just move on and avoid the stress.
I had a nasty one that I won but it takes its toll .
The reason I think I want a solicitor is just to have a look at my contract and hours, I can't see how my company can legally not pay me for 75+ hours that I've worked over my contractual average.

Seems so unfair, problem is though I'm in a cracking position, great basic with potential to double my weekly wage making it £1200 per week, it's obscene for Class 2 work. I've not had that opportunity yet but a few of the lads from different depots have and it will be my turn soon, I hope.