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PostPosted: Fri Mar 16, 2007 9:45 pm 
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Hypothetical question here i had with an out of town driver today.
Could a self employed driver on a system sue an operator for making him do credit work?
I'd say not as the driver has a choice of whom to work for and if he's not happy then he can move on. The operator's only just started making drivers cover credit work, and some aren't happy about it.


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PostPosted: Fri Mar 16, 2007 10:03 pm 
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smiffyz (geoff) wrote:
Could a self employed driver on a system sue an operator for making him do credit work?

No, as the driver doesn't have to be on the circuit.

And what can you sue for, and for how much? What if the credit job is a £400 job?

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PostPosted: Fri Mar 16, 2007 10:07 pm 
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Thats what i said but he thinks he can because the operator's only just decided to enforce the credit work after 10 years.
What he doesnt understand is the credit work also brings in loads of cash work as well by cars being seen at various premises all day long.


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PostPosted: Fri Mar 16, 2007 10:13 pm 
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smiffyz (geoff) wrote:
Thats what i said but he thinks he can because the operator's only just decided to enforce the credit work after 10 years.
What he doesnt understand is the credit work also brings in loads of cash work as well by cars being seen at various premises all day long.

Surely if the firm has only just started doing account work they will still have bundles of cash work.

Strange people in this trade, bloody strange. 8-[

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PostPosted: Fri Mar 16, 2007 10:55 pm 
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At my firm, drivers get the same rate cash or account and still moan about account work.

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PostPosted: Fri Mar 16, 2007 11:58 pm 
rambo wrote:
At my firm, drivers get the same rate cash or account and still moan about account work.


One of the firms round our way rips the drivers off big time with account work, for instance Nottingham on the meter is £21, on account this firm will give you £12, he'll bill the customer for £25.

They used to do a job for the manager at Centre Parks on a Friday and Saturday night, the job used to clock £20, he got a whiff of it and put it on account work after getting in touch with the customer, the drivers now get £10 for the job but the manager is still paying £20 when he gets billed from the operator.


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PostPosted: Sat Mar 17, 2007 12:23 am 
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Nobody in particular likes account work. Over here we get paid out after a week or more, some firms pay out same week if the slips are placed in time.
The problem as i see it is that certain drivers will avoid credit work like the plaugue, depending on whos arse they have licked to a soggy pulp, that particular week in the office.
The real juicy stuff never gets openly offered but rather given to the select few. On my regular family visits to england i regularly see our company vehicles on the m6 LOL, and they aint there for sightseeing.
And nothing worse being given a 2.00 pounds credit hire at 3 am on a sat / sun. Believe me we do get them.


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PostPosted: Sat Mar 17, 2007 5:49 am 
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smiffyz (geoff) wrote:
Hypothetical question here i had with an out of town driver today.
Could a self employed driver on a system sue an operator for making him do credit work?
I'd say not as the driver has a choice of whom to work for and if he's not happy then he can move on. The operator's only just started making drivers cover credit work, and some aren't happy about it.


Depends on what the agreement is between the driver and the circuit.

If they agreed a one year contract and cash-only work (say) then the contract has been breached.

However, I suspect there's no such contract, and even if there was I couldn't see it resulting in legal action somehow.

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PostPosted: Sat Mar 17, 2007 9:22 am 
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trigot wrote:
The real juicy stuff never gets openly offered but rather given to the select few.

And that's the problem, if drivers aren't good enough for the cream, then they sure dam well ain't going to do the s**t. [-(

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PostPosted: Sun Mar 18, 2007 4:42 am 
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Spot on sussex.
We have a day driver who avoids a/c work like the plauge, last week a job going to yorkshire on a/c and he did it!. But I blame the day controller for giving him the job.

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PostPosted: Tue Mar 20, 2007 12:05 am 
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TDO wrote:
smiffyz (geoff) wrote:
Hypothetical question here i had with an out of town driver today.
Could a self employed driver on a system sue an operator for making him do credit work?
I'd say not as the driver has a choice of whom to work for and if he's not happy then he can move on. The operator's only just started making drivers cover credit work, and some aren't happy about it.


Depends on what the agreement is between the driver and the circuit.

If they agreed a one year contract and cash-only work (say) then the contract has been breached.

However, I suspect there's no such contract, and even if there was I couldn't see it resulting in legal action somehow.


A contract can be construed to exist even if there is no formal written contract, if the behaviour of the 2 parties over a period of time suggests to a reasonable person that the 2 parties intend there to be a contractual relationship. However I think this is pretty academic, if you don't like account work don't do it or simply swap to another operator.

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PostPosted: Tue Mar 20, 2007 12:43 am 
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Yes, good point, but obviously we agree that even any kind of implied contract could be construed then the chances of it providing a basis for legal action are even less than if there was some kind of written agreement, ie effectively nil.

BTW, in what capacity did you study contract law? 8-[

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PostPosted: Tue Mar 20, 2007 6:50 am 
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I dont like doing them myself, but we do get quite a few crackers as well. And if you dont do the crappy one's you cant very well do the cream.
But we all know how fickle taxi drivers are!


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PostPosted: Tue Mar 20, 2007 10:58 am 
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TDO wrote:
BTW, in what capacity did you study contract law? 8-[


Just an A-Level a few years ago.
Rgds

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PostPosted: Tue Mar 20, 2007 7:49 pm 
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allo allo wrote:
Just an A-Level a few years ago.

Isn't that what farmers do? :?

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