Help! I think a driver is being badly treated.
We have a salaried delivery driver who is contracted to work 42.5 hours a week. He is regularly being sent home if there are not enough deliveries. For example if there are no deliveries for today he would be sent home unpaid for today.
In the handbook (but not in his contract) it has a section on short time working and says 'if there is a shortage of work for any reason, we will try to maintain your continuity of employment even if this necessitates placing you on short time working...'.
In my opinion he should be paid for 42.5 hours a week regardless as these are his contracted hours. If there is not enough driving for him, then that is not his fault and he should not be penalised by being sent home unpaid. I think they are confusing what Short time working is for and sending him home unpaid is actually breach of contract.
Views hugely appreciated - hope this is enough info for you to form an opinion. Happy to provide any further details...
As an aside I think he could also claim back for all those unpaid days too?