human rights legislation - drivers/trackers

[sindakit]

Anybody up to scratch with EU human rights legislation regarding working time directives and tracking of employees while out driving?

Just thought I'd ask cos I work for that saintly company called 'tesco' delivering shopping to the good folk of the local area and we're due to have a meeting on tuesday with one of the main bigwigs from tesco regarding driving.
There's some conflict regarding when we, as drivers, should finish if we are starting at 9am the next morning, currently we finish at 11 the night before, and also what the company can do if they see we made an unscheduled stop for an hour (most likely for tea and biscuits at my mums) if we haven't consented to being tracked.

A lot, well all, of the drivers don't like the trackers and I'm pretty sure nothing was signed to give consent and I feel this meeting on tuesday is to sign consent to being tracked.

Tacographs are also on the vans but i know thats a different matter

[yozhik]

Anybody up to scratch with EU human rights legislation regarding working time directives and tracking of employees while out driving?

Just thought I'd ask cos I work for that saintly company called 'tesco' delivering shopping to the good folk of the local area and we're due to have a meeting on tuesday with one of the main bigwigs from tesco regarding driving.
There's some conflict regarding when we, as drivers, should finish if we are starting at 9am the next morning, currently we finish at 11 the night before, and also what the company can do if they see we made an unscheduled stop for an hour (most likely for tea and biscuits at my mums) if we haven't consented to being tracked.

A lot, well all, of the drivers don't like the trackers and I'm pretty sure nothing was signed to give consent and I feel this meeting on tuesday is to sign consent to being tracked.

Tacographs are also on the vans but i know thats a different matter

I don't have any knowledge of this matter and I'm only speculating, but it sounds more like an employment contract issue and company policy, than it does Human Rights.

If there is a company policy in place which stipulates the tracking of vehicles and/or employees and this an employment agreement/contract has been signed/consented to, agreeing to the terms and conditions of the employment in line with the company policies, then this forms the contract.

The question is; was the permission to use tracking or the consent to be tracked, in the employment contract?

Also be wary of clauses along the lines of; "the employee will adhere to all Company Policies which may be changed and amended at any time by the employer." (paraphrasing)

They love slipping these kinds of limitless powers to amend into employment contracts, meaning the employment contract details aren't altered, but the company policies can be. (which of course forms part of the employment contract)

The next question you need to ask is; how far do you want to push this?

If Tessa Cohen and her cronies take a hard line and basically state; agree or find yourself another job - what do you want to do?

I'm just posing this question because of the reality that it may come down to this.

Anyway, back to the original question ...

Get your employment contract and READ IT THOROUGHLY. Look for any generic reference to "company policy" and take note of how company policy can be amended to unilaterally change the conditions of the contract.

Find the Company Policies; if it is referred to in your employment contract as forming part of the conditions, then it would have been given to you as part of the contract - more than likely as a separate, voluminous document.

Read it.
Comprehend it.
Take notes.
Read it again.
Then read it one more time.
Comprehend what you signed.

[merlincove]

i'm in a similar boat to the OP as i am a coach driver.

Occassionally we get road side pulls from the dept, VOSA (vehicle and operator service agency) and i wonder if we, as drivers, are contracted to them for anything. If ever they try to impose their petty little fines on yours trully (driving hours etc) then i'll not be consenting to sign anything or contract with them, but how far they can push things.....

But my guess is where driving hours come into affect, and where you recieve a wage from a company, then you have contracted to A) adhere to all legal requirements by way of legal break, rest period and driving period, because you have a licence and are using it for 'hire or reward,' as their terminology states - you have a licence and therefore are contracting with the dpt of transport to adhere to its policies and B) you are contracted to a company and therefore have to adhere to its legislative rule also.

In respect of B, if it isn't already written into the contract that you will accept their policy AKA QUOTE "the employee will adhere to all Company Policies which may be changed and amended at any time by the employer." (paraphrasing) then they'll just re-write the contract. Sign or don't sign, work of find another employee. My guess is, knowing how tesco work, that the above quotted phrase, or one very like it, will be in the contract somewhere, i imagine that tesco are well on the ball with contractual law and will have that base covered.

When you work for a company you have to abide by their rules- that is part of the game. If those rules are contrary to human rights, then you have an appeal: but the vehicle is the property of Tesco's, and if they want to fit it with a tracker, then they are within their right to do so. And i don't think that would contraviene any human right law. i know it is unjust, but so are many things within contractual law. You might want to argue that it is against your human rights, and tesco will probably offer you your P45 and suggest that you find alternative employ. That is a real possability. You could argue that it is against human rights to have cctv, or even tachographs, i don't think it will hold any water. And tesco will be ion the ball, again, because the last thing they would want is to be contraviening their employees human rights - the law suit would be incredible.

A 'driver' (someone who is paid to drive) is contracted to abide by the legislative rule of the dpt of transport directive and dvla - simple as that. Tesco's will use these trackers to say that they are optimising performance and to help them abide by driving standard laws. I'd hate to work for tesco's mate, i really would - i hate shopping there. I've worked for big companies (national express) and i know how much of a pain in the A company policies can be.

Sorry to be so negative ^^^ sindacat, but is just my 'understanding' of it.

Let us know how you get on, on tuesday tho OP :D Good luck with it

[sindakit]

Don't worry about being negative, tesco's is a rubbish place to work. I only do it to tie me over during uni plus being on the vans keeps me out of the store and lets me just get on with it myself.

I recieved bad info (Damn hearsay :P ) its a week on tuesday, but i'll keep you informed of what is said, usual 'official stance' no doubt.

I suppose i should check the contract for something similar to what you wrote yohzik about 'company policy'. I think thats the only way they could gain my consent. I haven't and will not sign anything related to the tracker if it isn't already included in my initial contract.

;) As a side note, I know the tracker only picks up when i'm either idling or stopped with the engine off if it's over a four minute period. Luckily I can set an alarm on my phone with a 3 minute snooze timer and turn the engine on and off when it rings while i sit there for 20 mins reading my DI book. Obviously I do all my deliveries first tho! ;)