Self-Employed, fuel strikes

[ymwoods]

Hi Guys, long time no see!

Anyway, at the moment I am self-employed and working as an Owner Driver for one of the big parcel companies. I am under contract at the moment and it states that for every day I do not provide my services to them (ie a man and a van that can deliver for them) I will be in breach of my contract and can be charged £150 per day. Normally, not a problem, its part of the territory, I earn more money when im working but stand to lose a load too if I have to take days off.

However, the fuel strikes. Now I know that it has not happened yet, and maybe never will, but I have just had this put in my post box from the company.

"Due to the continuing threat of industrial action by fuel tanker drivers and increasing queues at fuel stations you are advised to fill your vans every night following work. I have not got any fuel will not be an excuse for lateness due to not filling up until the mornings. Anyone who fails to attend due to not having fuel will be breached and charged in the normal way."

Whilst I agree with the most part, the last part scares me. If I can not actually physically get fuel from anywhere (reasonably) would it still be an ethical business practice on their part to charge me?

It stands to reason that they are about to earn quite a bit from their owner drivers once the fuel pumps dry up...

[McHaggis]

Would probably be viewed as an unfair contract term if it went to court, in my view.

Force majeur?

[ymwoods]

McHaggis said:

Force majeur

Am I right in thinking however that a Force Majeur (unless specified in the contract, which it doesn't) would have no legal standing in UK law? Or are there certain circumstances where it can still be considered?

In terms of the unfair contract route, how far could you go with this and would it hold any weight?

[McHaggis]

Depends. Is Force Majeur referenced at all?

I think most small claims courts would struggle to accept that this was an event in the control of the employee, let alone effectively fining them for it... (non payment maybe but fining?)

If you want a true legal view, I suggest moving this to SP&L forum - some good bods on there.

Edited by McHaggis on Thursday 29th March 23:33

Edited by McHaggis on Thursday 29th March 23:34

[Thom987]

You could always stock up on fuel before the strike.

[davepoth]

Force Majeure, people.

Strictly speaking since we're not in a strike situation yet it's reasonable for them to say what they have; you wouldn't use it as an excuse at any other time. If there was actually a strike on it may be a different matter legally.

[rog007]

There is not a national shortage of fuel, just some local supply & demand issues as a result of the unusual buying patterns that have been well reported in the Press. I would therefore envisage that you could be in breach if you do not take reasonable precautions to procure fuel or come up with an alternative model of furnishing your obligations.

If however the Government invokes Emergency Powers via initiating the National Emergency Plan for Fuel-2008 (Via Department for Energy & Climate Change), then I would not envisage you being liable if you could not meet your obligations unless you fall in to a specified category that allows you to draw more fuel than those without special status. Good luck!