Posted By michael launder Could anyone please give me any advice on the following matters, Firstly I deliver for a bakery and work night shifts 2330-0830 six days a week,I have worked in this employment for just over 3 years although my shift was 0230-1100 up until Aug 2003. During my old shift I continually complained to my management that my work load was to much both physically and to be able to deliver on time. I also complained on several occasions about the height the baskets were stacked with their orders in them before I loaded them onto my vehicle. Nothing was done about my complaints and this went on for about a year, where I'd become very stressed to the point of threatening to leave... Eventually my manager went out on my delivery round with me, stating he was assessing the round in July of this year, where he said it was a nice steady round although he agreed there might have to be a couple of changes so that I could get a 20min break at some stage, but nothing more was said or done... Following this in Aug whilst I was on two weeks holiday another driver (a new employee) was placed on my round without my knowledge. upon my return from holiday I was placed in the bakery packing for three weeks until I was given the round I am now on due to the previous employee leaving... In the interest of the company I excepted this position but since things have not gone well at all. Firstly I was taken into hospital tuesday 25th Nov due to a panic attack that was brought on by my manager, as he called me whilst delivering stating I had not checked an order and would have to take it upon my return. this distressed me greatly as it would have meant another two hours work on top of the nine I had already done...As I did not know how to deal with this because I did not want to create a situation with my employer by saying I would not take the delivery I went into a panic... My current situation is that I an on sick leave for at least two weeks although the hospital are concerned because of my family medical history they are to carryout more tests, Knowing this my employer telephoned me demanding to know when I would be returning to work and stating that he was giving my round to another driver as he knew I was heading for long term sickness and that he would have to see what happens with me when I return... He also commented that it was good that his manager called me as I now know there could be a serious medical condition and that I could get it sorted... After this call from my employer I have gone into a state of depression and am very confused as to what to do hence my writing this: Could anyone advise me what I should do as I have written to my employer in the form of a written complaint stating what I have put here in so many words, to which the reply is: my comments are noted, he reassures me there is no threat to my employment at his company, and to inform him when I have recovered. He also says that he hopes that any medical results I get are favourable. Personally I feel that no regard as been given to my health and safety at work and had it have been, I may not be where I am today. I also now know the following facts about health and safety but I am unsure whether they apply or not. 1. I have never been offered an health assessment.(being a night worker) 2. I do not receive any rest breaks during my shift. ( it was stated by my manager as I am a driver out on the road and traffic condidtions could not be factored into my working time I could grab a break anytime) 3. The Tachos fitted to our vehicles did not matter as they are European vehicles under 7.5 tonne and that we were just to fill them in. Can anyone help? (distressed and confused).

Posted By Karen Todd Michael, I am sorry to learn of the way you have been treated. I'm sure there are many more like you. How many other drivers are there in the same position as you at your company? Your employer should have done manual handling assessments. You also need adequate rest breaks. Did you sign anything to waiver your rights under the Working Time Directive (i.e. you agreed to work more than 48 hours)? I am not legally qualified, but in a previous job where an employee was off with stress, the labour relations agency told us NOT to phone them because it could be construed as harassment. I know that it is sometimes very hard to stand up for yourself or to say no(e.g. when you were told you would have to take the other order upon your return from your round). HSE give free advice, although they might want to investigate things further (and you might not want this). I guess you have to ask yourself if you want to continue working for this employer or not, and if you think that things will really change. If you want to continue working for this employer, and you think that things can be made better, then how can you make this happen? Could a group of you approach management with the things you are unhappy with along with some proposals to make things better? What I am saying is, management don't like being presented with problems. Go to them with a range of solutions. Good luck, Karen

Posted By peter gotch Michael, Firstly you appear to have been treated very poorly by your employer, and I hope you recover soon. Think perhaps you should make an "anonymous" complaint to the HSE. If you request that they do not divulge source of complaint, Inspector will not indicate to your employer that they have received a complaint. In terms of your industry, relatively easy for an Inspector to bring a "routine" inspection round to the issue of the Working Time Regs and all the issues you have already discovered should be done. Then the keen Inspector might choose to follow up with some out of hours inspection.Has been known to happen. When I worked for HSE had complaint about young workers being forced to work Sundays (at the time illegal unless by HSE Special Exemption order) Visited on a Thursday when I was informed no Sunday working done in the bakery. After visiting the adjacent meat process factory the following Sunday, I "was surprised" to note that the bakery doors were open. Shock horror there were 17 year olds working inside. Off to the Sheriff Court with the bakery, followed by some soft words of mitigation and a derisory fine! Regards, Peter