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Firm defends 'notional' rates
Page 7
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• by Chris Tindall A former Haulier of the Year winner ignored its drivers' complaints that they were not being paid according to their contracts and refused to provide evidence explaining how rates were calculated, an Employment Tribunal has heard.
Knowles Transport denied it had unlawfully deducted wages when it appeared before chairman Christopher Ash at the preliminary hearing in Bury St Edmunds last Friday. The company also claimed all its drivers knew that the rates were worked out on a "notional" basis.
Drivers received a basic wage plus a percentage of vehicle earnings, which varied between 10-15%, depending on the contract. However, concerns were raised when it became apparent rates for identical loads and journeys differed.
John Williams, who had worked for Knowles Transport between 1995-2002 and was one of three drivers bringing the case, said he complained to the firm's transport manager John Barlow on numerous occasions about his gross vehicle earnings. "There was no evidence to show if you were getting that rate," he said. 'The rate varied depending on the number of pallets you were carrying. There was no proof, just hearsay."
Williams poured scorn on counsel's claim that Barlow had never received any complaints, saying: "I even suggested making a tape recording so that I didn't have to come in every pay day and complain about my wages!"
Another driver, Kevin Parkin, also refused to accept counsel's claim that he was shown documents outlining rates and schedules for Knowles Transport: "In all the years I have worked here, there were never sheets or books you could refer to. It should have been worked out by the contract."
The Tribunal's chairman told the three drivers that the case concerned contract law and defining words in contracts. Therefore in the interests of justice, he should allow them time to seek legal advice and representation.
• christophertindaWrbi.co.uk