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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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I work permanent nights as a truck driver, my neighbour knows

Customer Question

I work permanent nights as a truck driver, my neighbour knows this. He is doing building work/ repairs that have keptme awake and I have lost a shift at work as it would not be safe for me to work with no sleep. Am I entitled to compensation for the lost shift and if it continues can I claim for hotel accomadation?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What hours of the day is he performing these works please?
Customer: replied 3 years ago.

Thats the problem its during daylight hours

Customer: replied 3 years ago.

thats the problem its during the day

Expert:  Jo C. replied 3 years ago.

Thank you.

I am sorry but I cannot give you good news. I'm afraid that you have no claim at all.

Any person is entitled to conduct DIY during the hours of daylight in the UK. There are restrictions upon what can be done during the hours of darkness but that is not what is happening here.

I do realise that that falls particularly onerously upon a person doing night work but I'm afraid there is no provision for that in law.

Unfortunately since he's only doing what he is entitled to do you do not have a claim for anything at all.

I suppose that, being very creative, you could get a solicitor to write to him telling him that you take the view that it amounts to harassment which might deter him but if this went to court I suspect that the court finds that there was nothing improper in his action. However, sometimes a solicitors' letter can achieve compliance.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very much. Its not right that I lose money because of the duty of care I have as professional HGV driver due to his actions

Expert:  Jo C. replied 3 years ago.
Its very unfair.

But its not against the law I'm afraid.
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/