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UT sacks drivers named on writ

23rd September 1993
Page 6
Page 6, 23rd September 1993 — UT sacks drivers named on writ
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Keywords : Legal History, Writs, Labor

by Juliet Parish • United Transport UK has sacked at least two drivers who refuse to take their names off a High Court writ which claims the company's tanker arm has broken their contracts of employment.

The writ, served last week, alleges that the tanker giant acted illegally in scrapping overtime payments. Drivers say this could reduce their wages by around £3,800 a year.

Originally about 20 of 30 drivers who work at depots at Purfleet, Heathrow and Wymondham were named on the writ as plaintiffs. But most of them are believed to have withdrawn their names under pressure from the BET subsidiary, which operated as United Transport Tankers until April.

Most of the drivers, who were represented by the Transport & General Workers Union, signed new contracts of employment in June. These increase the 39-hour working week to 55-hours. Instead of overtime, which averaged 00 a week, they will get time off in lieu. The drivers say they were not given enough time to get advice from the TGWU. After consulting union officials, they decided to issue the writ, claiming they had signed the new contracts under duress.

At least two drivers are still named on the writ. Alan Hall has been with the company for 13 years and Bob Clowe for three; they have both been dismissed. It is believed that another four drivers are also named on the writ, issued by London-based solicitor Pattinson & Brewer.

It states that the drivers were: • ordered to attend a meeting with managers without being told what it was about. No union officials were invited and drivers were told that failure to attend would be a "serious breach of discipline"; • told at the meeting that the union was no longer recognised; • asked to sign the new contracts on the spot or face the sack.

The writ alleges that the drivers were "so frightened by the consequence that they might lose their jobs...that they signed docu

ments purporting to be substitute contracts of employment". The drivers were all working on an Esso contract which is expected to come up for renewal next autumn. The company is believed to have introduced the contracts to make its bid more competitive.

Neither Esso nor United Transport will comment on the reasons for the new drivers' agreements.

The new contracts increase holiday pay by around ,C30 a week, and the weekly rate is paid even if drivers work less than the specified 220 hours a month.

UT managing director Phillip Greenfield says he is still holding negotiations with the drivers and is "confident this matter will be resolved satisfactorily. It would be unprofessional for me to comment further at this stage."


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