Feels unfair to me

[essexgt4]

Right where to begin, i am a coach driver by trade and have a full manual psv liscence, we seem to be a bit of a dying breed now as most people have auto liscences.

i started with the company near enough 2 years ago as a part time driver ie just doing school runs but he changed it and took me on as a full time employee.

I now do the school runs mechanical work inbetween and any private hires that come up, now my salary is abissmal, at £7 i feel i am being paid unfairly as the part time drivers earn £40 a day for doing 3 hours driving and get an increased rate for private hires they do, even if i am on a two man job i am earning my £7 an hour and the other driver is on a higher wage.

now i know that i should be greatfull that i have a job and dont get me wrong i am greatfull, but i feel as if i am being treated unfairly as i do more than triple the amount of work the others do.

Now here is the BUT, it is all in my contract that up to 40hrs it is at my flat rate and any work outside of it is at an increased rate but it is at an agreed rate that we never seem to even discuss he just seems to pay me what ever he wants.


It's highly unlikley there is anything i can do as i have just got off the phone with him discussing my thoughts on the matter and his literal words were "its part of your contract and if you dont like it then you will have to find somewhere else"

Where do i stand?

[harry010]

Contracts are a series of rights and obligations and are a two way thing.

How many hours a week do you work? Is the increased amount for over 40 hours specified?

Also, are your mechanical duties specifies in your contract or are they ad hoc?

I am not up on employment these days, but I'm sure with a bit more info as to what is/what I not in our contract some very clever types will be able to help you out..

Edited by harry010 on Thursday 17th June 21:02

[essexgt4]

i work a minimum of 40hrs a week and no there is no increased amount sepcified my contract states

"Any overtime where you work overtime shall be payable either by an agreed hourly rate (pro rata) or at an agreed amount for the additional work at the employers discretion"

now to me that sounds like he can make it up as he goes without telling me.

what is ad hoc?

yes my mechanical duties are stated in my contract but they are not specified.

[don4l]

essexgt4 said:

i work a minimum of 40hrs a week and no there is no increased amount sepcified my contract states

"Any overtime where you work overtime shall be payable either by an agreed hourly rate (pro rata) or at an agreed amount for the additional work at the employers discretion"

now to me that sounds like he can make it up as he goes without telling me.

what is ad hoc?

yes my mechanical duties are stated in my contract but they are not specified.

You say that "he can make it up as he goes". This is not true. The rate has to be "agreed". In other words, you don't have to do the overtime unless you agree with the rate.

If you don't agree to do the overtime, will another driver do it? If not, then you should just say no. If another driver will just step in and take the work, then you are caught in a difficult position.

One thing that I will say is that I am an employer. Your post reads very well. Most of the "complaining" posts on this forum are from people that I wouldn't touch with a bargepole. You seem to have a genuine complaint.

I think that you should start looking around for another job.

Good luck.

Don
--

[harry010]

don4l said:

You say that "he can make it up as he goes". This is not true. The rate has to be "agreed". In other words, you don't have to do the overtime unless you agree with the rate.

--

as I said, contracts are series of rights and obligations, they move in two directions. Something is not agreed unless by both parties. Do you know what you are currently getting paid as an increased overtime rate? You are perfectly entitled to raise this with your employer, and remember, as you have been employed for over a year, you have rights under the ERA. This may help you if you are sacked for standing up for yourself (as it sounds like your employer may do) or if you feel your treatment amounts to your position becoming untenable and you resign.

[essexgt4]

don4l said:

essexgt4 said:

i work a minimum of 40hrs a week and no there is no increased amount sepcified my contract states

"Any overtime where you work overtime shall be payable either by an agreed hourly rate (pro rata) or at an agreed amount for the additional work at the employers discretion"

now to me that sounds like he can make it up as he goes without telling me.

what is ad hoc?

yes my mechanical duties are stated in my contract but they are not specified.

You say that "he can make it up as he goes". This is not true. The rate has to be "agreed". In other words, you don't have to do the overtime unless you agree with the rate.

If you don't agree to do the overtime, will another driver do it? If not, then you should just say no. If another driver will just step in and take the work, then you are caught in a difficult position.

One thing that I will say is that I am an employer. Your post reads very well. Most of the "complaining" posts on this forum are from people that I wouldn't touch with a bargepole. You seem to have a genuine complaint.

I think that you should start looking around for another job.

Good luck.

Don
--

Thanks a lot chap, unfortunatley we never seem to have the discussion on what the increased rate is, the problem is i just tend to do the job as i need the money i know it is my own fault, infact we have never actually had any discussions prior to any private hires regarding money.

The other bummer is that if i dont do the job then there are other drivers that will, and i cant refuse to do the private hire within the first 40 hrs of my working week as then i would be refusing to honour my end of the contract.

I feel so undervalued where i am, i drive safely i am the only driver where he has had emails from customers saying how good the driver was, ive never had an accident or damaged any of the vehicles unlike most of the other drivers.

i have so much to offer, im only 24 i can work as a team or on my own i can deligate and organise and i just seem to get treated like a child, every year i help organize two of the biggest tunnel runs in the country all for charity i would have thought by now i deserve at least something good to happen.

I dont want to leave and look for another job as despite all of this i do enjoy my job but i cant afford to work for him like this.

[don4l]

essexgt4 said:

don4l said:

essexgt4 said:

i work a minimum of 40hrs a week and no there is no increased amount sepcified my contract states

"Any overtime where you work overtime shall be payable either by an agreed hourly rate (pro rata) or at an agreed amount for the additional work at the employers discretion"

now to me that sounds like he can make it up as he goes without telling me.

what is ad hoc?

yes my mechanical duties are stated in my contract but they are not specified.

You say that "he can make it up as he goes". This is not true. The rate has to be "agreed". In other words, you don't have to do the overtime unless you agree with the rate.

If you don't agree to do the overtime, will another driver do it? If not, then you should just say no. If another driver will just step in and take the work, then you are caught in a difficult position.

One thing that I will say is that I am an employer. Your post reads very well. Most of the "complaining" posts on this forum are from people that I wouldn't touch with a bargepole. You seem to have a genuine complaint.

I think that you should start looking around for another job.

Good luck.

Don
--

Thanks a lot chap, unfortunatley we never seem to have the discussion on what the increased rate is, the problem is i just tend to do the job as i need the money i know it is my own fault, infact we have never actually had any discussions prior to any private hires regarding money.

The other bummer is that if i dont do the job then there are other drivers that will, and i cant refuse to do the private hire within the first 40 hrs of my working week as then i would be refusing to honour my end of the contract.

I feel so undervalued where i am, i drive safely i am the only driver where he has had emails from customers saying how good the driver was, ive never had an accident or damaged any of the vehicles unlike most of the other drivers.

i have so much to offer, im only 24 i can work as a team or on my own i can deligate and organise and i just seem to get treated like a child, every year i help organize two of the biggest tunnel runs in the country all for charity i would have thought by now i deserve at least something good to happen.

I dont want to leave and look for another job as despite all of this i do enjoy my job but i cant afford to work for him like this.

You need to find another job.

You also need to raise your expectations. You have a good attitude towards work, and you should be aiming to earn a lot more than you think that you are worth.