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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45358
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Dear Sir/Madam, I am writing to you for mediation of an event

Resolved Question:

Dear Sir/Madam,
I am writing to you for mediation of an event occurred on the dates mentioned below. I would to expose my case:
I'm a HGV1/Class1 driver and was working, (I do not work now), for A-1 Direct Recruitment Ltd. At 4, 2nd Floor The Boulevard,in Crawley, West Sussex, RH10 1XX contact: Steve Marshall, phone number: 01293 571 666 or Mobile Phone number: 0777 1873 886, Email:[email protected] They sent to me to work at/ with City Link Ltd. in London City Depot. (from Monday 20th January 2014 until 5th March 2014), at 68, Willow Walk, London, SE1 5SF contact manager: 07 985 750 218 Offices phone n.(NNN) NNN-NNNN4326.
The problem refers to the cost of £275 taken twice from my wages for two fines, equal to the total of £550 (reduced at 50% paid before 14 days). “ For/by having circulated the day of 30th January 2014 at 03.13 hours and on 7th February 2014 at 02.47 hours in Kilburn High Street using, or causing or permitting driving to be a goods vehicle driven exceeding 18 tonnes maximum gross weight in a restricted street during prescribed hours". (London Lorry Control Scheme between 21.00 to 07.00 am.)
I accept that it was wrong to have driven down these streets at those nights (I didn't know before), and at those times however I have to refuse in paying these penalties of £550, as taken from The London Lorry Control Scheme from the London Council, for me as the driver, the fine should be £120 which I have paid already by paying an excess of £430 (£550 in total).
Furthermore, Linda Foran from City Link Ltd. and A-1 Direct recruitment Ltd) have not considered my allegations properly in this case because these fines of £550 pounds is for the haulier company.
I stopped working for them, because of having deducted the amount stated (£550) from my salary without notice or communication from A-1 Direct Recruitment Ltd. or
Ms. Linda Foran Phone n.: XXXXXXXXXXX or email:[email protected] Client Relationship Manager at City link Ltd. Coventry Airpark, Siskin Parkway West Baginton, Coventry, CV3 4PA.
This whole problem is generated by those weeks before I had requested to get paid for the rest periods, (breaks of 45 minutes, every 4.5 hours driving) like as a City Link’s driver and it is under the current law. City Link, Linda Foran and A-1 Direct Recruitment Ltd. refused to pay me for my breaks and every day I've worked with them have granted from my wages, £9.00 per day, at A-1 Direct Recruitment Ltd.
I started work for A-1 Direct Recruitment Ltd. since 30th April 2009 until now, and it has always been the same. The rest time “Breaks” is time off work and it is part of the "Duty" and under the current law requires these breaks a rest time have thus should not be deducted from wages as part of the job.
The following points are requested as mediation by myself:
1 -. I would like to get a refund of £9.00 per day for my “Breaks Times” since 17th September 2013 until 5th March 2014 when I stopped to work for them.
2.-Also the restitution of my job driving for City Link Ltd. At Epsom Depot or London City Depot to be the closest to my home address and during this time I have proved my worth and capabilities along with them in this time and to get pay like other drivers.
3 -. I would like to get compensations by City Link Ltd., Linda Foran and A-1 Direct Recruitment Ltd. for the problems caused and allow me my job back. This is as a result of threats put towards me of “losing my job” and pushing me to drive in very unfavorable conditions, without giving me any destination addresses or any driving routes during the extreme windy weather conditions as we have had in the past weeks. ​​It was very difficult to drive the Lorry with a Double Decker Trailer with very high risk of overturn on motorway and yet I managed to not have any accidents.
Finally, I do not deny my responsibility on the facts that I was working for them these days, however I am complaining more against the carrier company City Link Ltd, Linda Foran and A-1 Direct recruitment Ltd for it is who must have obligation to mark the route for/ to their drivers or agencies driver(more in my case because I am foreign driver) and they will do it for different reasons, such as to be economical, spend less time and save fuel.

If I chose that route A-5 Road, (from Coventry Hub to M-45 East, and then take the Motorway M-1/J-17, to XXXXX High Street, to Edgware Road and left at Marylebone Fly-Over and continuous with Marylebone Road, to Euston Road, Pentonville Road, Farrigdon Road, Blackfriars Bridge, Blackfriars Road, London Road, Elephant & Castle, A-2 Old Kent Road, Dunton Road and finally Willow Walk Road)
Kinds Regards, XXXXX XXXXX 07842 293 547,[email protected]
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you asking us to perform the mediation on your behalf?

Customer:

Yes I would like to know, what I can do with my problem with A-1 Direct Recruitment Ltd and how I can get my excess money £430 pounts of two penalties of £550 pounts. Thank you.

Ben Jones :

So are you self employed and working with them? When did you start to work for them?

Customer:

This whole problem is generated by those weeks before I had requested to get paid for the rest periods, (breaks of 45 minutes, every 4.5 hours driving) like as a City Link’s driver and it is under the current law. City Link, Linda Foran and A-1 Direct Recruitment Ltd. refused to pay me for my breaks and every day I've worked with them have granted from my wages, £9.00 per day, at A-1 Direct Recruitment Ltd.


I started work for A-1 Direct Recruitment Ltd. since 30th April 2009 until now, and it has always been the same. The rest time “Breaks” is time off work and it is part of the "Duty" and under the current law requires these breaks a rest time have thus should not be deducted from wages as part of the job.

Customer:

I am not self employed but I get pay through Maddison Group Ltd. in Birmingham

Ben Jones :

So what is your status, are you an agency worker or an employee of the company?

Customer:

so every day I pay £9.00 from my breaks to A-1 Direct Recruitment ltd. but City Link paid full hours which I did every night (11.00 hours, from 18.00 to 05.00)

Customer:

I am agency driver from 30th April 2009 with A-1 and other agencies

Customer:

I would like to know what I can do in this case. I need to forget and keep going to looking for other job?

Ben Jones :

Did your contract state that such penalties can be deducted from your pay?

Customer:

I need to go out home with my wife so I expend £47.00 pounds and I still have got the same problem plus £47.00

Customer:

What I can do with these peolpe

Ben Jones :

Did your contract state that such penalties can be deducted from your pay?

Customer:

They take it already from my wages £275 last week and this week other £275

Customer:

On the copies of penalties it doesn't show my name. if give me a email I can sent to you

Ben Jones :

ok can you please answer my question though - Did your contract state that such penalties can be deducted from your pay?

Customer:

No, they take it from my wages

Ben Jones :

ok let me just get my response ready please

Customer:

thank you

Ben Jones :

So to answer your queries:


 



  1. Break times – there is no legal right to be paid for breaks unfortunately. You can only demand to be paid for your breaks if your contract said that you are entitled to paid breaks. If there is nothing in your contract that says you would be paid for that time then you cannot ask the employer to pay you for them and they would have been entitled to reduce your pay to account for any time during which you are not working, whether that is required by law or not.


 



  1. It would be impossible to ask to be allowed to work for the company or to nominate a specific branch at which to operate. You are an agency worker, you do not have such employment rights because agency workers are employed as and when needed and there is no guarantee of work, whether for a specific employer or a specific location. If the employer wants to employ you they can do so but unfortunately you cannot force them to take you back on or to demand you work from a specific location.


 



  1. The issue here is again your employment status – you do not have protection against unfair dismissal because you are an agency worker. You can have your employment terminated at any time and unfortunately you cannot challenge that. There is one possible option and that is if you were asked to do something illegal, you complained officially about it and then you were dismissed as a result, in which case it could be a potential claim under whistleblowing regulations but you will have to make a claim in the tribunal and county court and build a whole case for it before any compensation is considered.


 


 

Customer:

I've tried talking to Steve Marshall A-1 Direct Recruitment Ltd. but is always very aggressive and violent talk and to do what he always says. I tried to find work with other agencies but it is impossible. These are covered and protected together.

Ben Jones :

it is unfortunately not unlawful to deny you work just because you have had previous issues with another agency - it is immoral I agree, but it is not unlawful. Whilst you may have tried mediating with this person, he cannot be forced to discuss this with you to seek a resolution. It means that if mediation is impossible all you can do is consider making a claim as discussed above

Customer:

What is about the £340 pound penalty I paid in excess.

Ben Jones :

Why did you pay an excess?

Customer:

I did not paid they take it from my wages. The penalties do not show my name it is to City Link Ltd.

Customer:

They take from my wages £275 pounds two time because the penalty is £550 x 2 £1100 if they pay before 14 days is reduced at 50% so that mean £275 pount x 2 £550 pounds

Ben Jones :

ok it may not have been your name but you were in charge of the vehicle at the time of the offence - the enforcement officers would not know who drove the vehicle at the time and they would issue the penalty against the registered owner of the vehicle, but you could still be made liable for that. The issue here though is that you said you did not have any contractual clauses saying you could have such penalties deducted from your pay, which means that the employer could be acting in breach of contract by taking the money out of your pay

Customer:

I think you did not understand me. These penalties it is for the haulier £550 a time for the driver £120 a time less 50% off £275 for the Haulier and £60 pounds for the driver.

Customer:

It is on the book " The Official, London Lorry Control Drivers Guide" pag. 16 " .The cost of the PCN no permit or not having an approved route is £550 for the haulier and £120 for the driver. These fines can be reduced by 50% if paid early within 14 days".

Ben Jones :

ok but regardless, the key is whether they had a contractual right to deduct this from your pay - if they did not then their actions amount to breach of contract and you can pursue them for these fees

Customer:

The company , City Link Ltd., never inform me about the route

Customer:

So It isn't to do anything positive to me

Customer:

OK Thank you and have nice day

Ben Jones :

you too, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45358
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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