Drivers forced to quit over
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minimum wage complaints
by Charles Young Drivers for a wealthy Scottish haulier were forced to quit after they complained about being paid less than £3 an hour for working punishing 90-hour weeks.
The drivers say Stornoway-based Cohn Macaskill regularly made them flout the hours rules during seven-day working weeks. He paid them a flat rate of £255 regardless of how many hours they worked (see box, below right). This meant they were putting their licences at risk for less than the legal minimum of £3,60/hr.
Macaskill was able to exploit his drivers in this way because of high unemployment in the area. When they first took their grievances to him he refused to listen saying: "If you don't like it here you can leave." He also claimed there were plenty of other drivers who would gladly do the work. In sharp contrast to his drivers Macaskill leads a wealthy lifestyle on the Isle of Lewis, complete with a number of properties and luxury cars,
"I know it's no defence saying you are forced to do it," says one of the former drivers, "but the fact of the matter is there was nothing else we could do. There was no other work to speak of. I've got a family to look after and if you jack in a job these days you don't get the dole for six months,"
At least one driver fell asleep at the wheel of his truck while working for Macaskill—he has now left the company.
The dispute eventually came to a head in April 2000 after one of the drivers, Malcolm Macleod, had a lengthy argument with Macaskill about his working conditions. He had put up with the conditions since August 1998 but could take no more. He claims Macaskill said he personally did not care about his drivers being caught breaking tachograph rules, but warned that if Macleod was caught he would be dismissed.
The argument prompted Macleod and others to go to the Citizens Advice Bureau in Stornoway, where they were advised to contact the DTI about breaches of the national minimum wage regulations.
Drivers were sent DTI complaint forms but Macaskill was tipped off about the move and again warned drivers they would lose their jobs if they sent in completed forms.
In the end just Malcolm Macleod, his colleague Donald Macleod and one other driver returned the forms to DTI national minimum wage investigators in April 2000. They are now investigating and are still deciding whether there is a case to answer.
To help with the DTI's enquiries, Malcolm Macleod had kept a diary of his work for Macaskill between March and April 2000; in one week he claims he worked 94 hours.
Macaskill subsequently fired Donald Macleod, saying his trial period had come to an end and he was no longer required. Donald is suing him for unfair dismissal, Malcolm Macleod left the company but tried to sue Macaskill for constructive dismissal; his claim was settled out of court.