1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188 
This week's answers have been supplied by a team of lawyers from Barker Gotelee based in Ipswich, Suffolk.
Page 38
If you've noticed an error in this article please click here to report it so we can fix it.
Overtime and contacts
Where I work I feel as though I have been discriminated against on the allocation of overtime, and after five months I have not got a written contract.
Where do I stand on the question of the contract and unfair allocation of overtime?
Name and address supplied
There are two issues to consider here. Firstly, what is the position regarding a written contract of employment; and secondly, are you being discriminated against on the allocation of overtime?
Although you don't have anything in writing, it doesn't mean you don't have a contract of employmenteven a verbal contract is binding.
Although written employment contracts are always advisable to avoid disputes later on about what was agreed at the outset. employers don't have to provide a written contract of employment as such.
However, under Section 1 of the Employment Rights Act 1996, the law requires employers to provide what is known as a "written statement of terms" to their employees within two months of recruiting them.
These terms can be set out in the offer letter, but they must include certain information such as the date employment began. rate and intervals of pay, place or places of work. hours of work, holiday and sick pay, length of notice, place of work, job title or description, disciplinary and grievance procedures, etc.
If your employer doesn't give you a written statement you could make an application to an employment tribunal, which will decide what particulars should have been contained in your written statement. However, your employer probably wouldn't be very pleased to be taken to an employment tribunal!
Before taking any formal action it would be a good idea to put your request for a written statement of your terms of employment to your employer in writing.
Regarding the unfair allocation of overtime, you say you think you are being discriminated against. In legal terms "discrimination" has a specific meaning.
An employer may be in breach of statutory obligations if he discriminates against an employee on the grounds of disability, race, religion, sex. sexual orientation, trade union membership prior being a part-time worker. If you feel you are not being allocated overtime fairly because of any of these reasons you should seek further advice on your rights.
If these areas of discrimination don't apply to you, you should check with your employer to confirm the policy on the allocation of overtime, and check if it is based on length of service or the type of work you are doing.
If you think your employer is treating you less favourably than your colleagues when it comes to the allocation of overtime, this could be a breach of an implied term of your contract-known as "mutual trust and confidence". Again, this is something you would need to seek specific advice about if you want to take your complaint further.
Charity work
I run an 18-tonne lorry loader crane which I use for transporting scrap cars for a charity for young offenders. We rip the cars to pieces and use them for racing cars.
I was stopped by VOSA and told I needed an 0-licence even though I am carrying my own goods. Others have said I don't need one. Which is correct? I am retired and a voluntary worker.
Brian Barnes Brighton
Under the Goods Vehicles (Licensing of Operators) Act 1995 an operators licence is required to operate goods vehicles for hire or reward or in connection with any trade or business carried on by the licence-holder. It is an offence natio comply and vehicles used unlawfully can be impounded and disposed of, which is why one must be extremely careful.
If there is no commercial element to your use of
the vehicle on the public highway you should not need an 0-licence. Probably VOSA have asked you exactly how this charity work operates in practice and misunderstood or, on the basis of the answers you gave, are concerned that there is an element of commercial enterprise in other words, they believe the charitable work constitutes a trade or business.
Is there any commercial element at all, even indirectly? Bear in mind that 'hire or reward" is very widely defined indeed, covering situations where there is only very indirect gain, possibly not involving money changing hands or more than the reimbursement of operating costs.
Depending on the specific arrangements in your case, you might find that the charity's work counts as business for 0-licence purposes.
Nevedheless, if you are confident there is no hire or reward you should not need the 0-licence. It might be sensible to talk to your local Traffic Office about this and possibly get a written indication that what you are doing does not require an 0-licence. This might safeguard you later in case VOSA orthe police question the absence of an 0-licence and a vehicle disc in your cab.
More details about the vehicle and its use would be helpful. For example, the vehicle might constitute a recovery vehicle, which is exempt from 0-licensing anyway. Also, are you using a tachograph? Unless the vehicle is exempted you will probably need to use one since the vehicle is used forthe carriage of goods.
Recent case law (which may be challenged in due course) indicates that if a vehicle is built for the carriage of goods that is what countsnot necessarily its use on a given day (subject to certain exceptions).
So, please be careful and contact us for further discussion on this point if necessary.
Finally, and in relation to charities, CV operators might be interested to note that large minibuses-which would otherwise require a PSV licence under the hire or reward rulescan be exempted from PSV licensing by applying for a special permit if they are operated by a charitable organisation.
These permits are available from Traffic Area Offices; they help charities and schools to avoid unnecessary applications for PSV licences.