Hi all, I am due to start a new job in a few weeks as a full time employee for one of the clients I was introduced to by the agency I’ve been working for since last October, However I don’t want to completely close the door on the other client I am working for and intend on working for them every other week as my 6 day working week so long as I come under my working/driving time weekly hours.
Someone told me that this won’t be possible because the employer won’t allow it, but I can’t see any reason why not so long as I keep track of my WTD and driving hours etc. Surely it’s none of their business what I do away from the contracted hours they employ me for? Tuesday to Saturday, 48 hour working week , salaried. Every other Sunday I wish to do a shift for the other client.
Anyone have any thoughts or experience of this?
Thanks in advance .
Legally you’re obliged to inform your employer of any work you do for another company so they can track your working time.
They’ll see it on your driver card anyway.
There may be something in your contract that states that you cannot work for another company, if the other work is likely to put you over the 48 hour average or the 60 hour weekly limit, or interfere with your driving limits it’s obviously going to be a problem for your company.
Guess I need to clear it with my new employer first then, and like I said I will only do it when it’s legal to do so. Just for clarity, I know there’s an average 48 hours over a reference period but does that mean that for example on my 5 day week I do 48 hours minus breaks and the second I do up to 60 or less minus breaks/poa I should always average the 48 hour reference period?
I didn’t take this decision lightly as I really enjoy the “other job” as it’s closer to home and more enjoyable but the pay isn’t enough and they don’t recruit very often so the chance came up for this job and I grabbed it because like most I have a family and bills to pay, so guaranteed hours are a must.
Guess I need to clear it with my new employer first then, and like I said I will only do it when it’s legal to do so. Just for clarity, I know there’s an average 48 hours over a reference period but does that mean that for example on my 5 day week I do 48 hours minus breaks and the second I do up to 60 or less minus breaks/poa I should always average the 48 hour reference period?
There’ll be a reference period which is normally either 17 weeks or 26 weeks depending on company choice. You need to average 48 hours working time or less over that reference period regardless of if you work four, five or six days a week and regardless of how many jobs you have you still only have one 48hr average to spread across them.
OK, I understand, thanks toonsy.
I’ll do a little more digging and see if this will be possible, if not then hey ho it’s not the end of the world but I will be a bit gutted.
Cheers.
toonsy:
There’ll be a reference period which is normally either 17 weeks or 26 weeks depending on company choice. You need to average 48 hours working time or less over that reference period regardless of if you work four, five or six days a week and regardless of how many jobs you have you still only have one 48hr average to spread across them.
This ^^^
The 48 hours is for all jobs worked as a driver on EU regulations over the reference period.
Robbiebaby:
OK, I understand, thanks toonsy.
I’ll do a little more digging and see if this will be possible, if not then hey ho it’s not the end of the world but I will be a bit gutted.
Cheers.
You’re taking a job because it’s guaranteed income right?
So why risk it is my opinion. Could you not grab extra shifts at your full time place?
Yes taking for guaranteed hours. But I enjoy both jobs and I guess I don’t wanna let one go for the other. I guess I could do extra work with employer should I wish.
Robbiebaby:
Yes taking for guaranteed hours. But I enjoy both jobs and I guess I don’t wanna let one go for the other. I guess I could do extra work with employer should I wish.
But that’s the sacrifice then isn’t it? Give up the one for the security of the other.
Guess I need to clear it with my new employer first then, and like I said I will only do it when it’s legal to do so. Just for clarity, I know there’s an average 48 hours over a reference period but does that mean that for example on my 5 day week I do 48 hours minus breaks and the second I do up to 60 or less minus breaks/poa I should always average the 48 hour reference period?
Yes, the total work (driving and other work, excluding rest and PoA) done in all employment lumped together must not exceed 60hrs a week/48hrs average over the reference period. By law you also have to inform BOTH employers of the hours you’ve done at the other company so that both can ensure that they and you comply with the 48hr limit. So you have to tell the new employer of the hours you work at the client and vice versa.
kr79:
My firms contract forbids driving trucks for other companies without permission even if it doesn’t breach hours regulation.
So does mine… Doesn’t stop me from taking a Saturday job waiting at tables, if I wanted - and in my mind it bloody well SHOULD.
“Tiredness” is more likely to affect a driver who’s done moonlighting in the “Non Driving” sense. There is this daft notion that if you work hours that “don’t have to be recorded on a tacho/digicard” - then you’ve somehow “got away with something”… Yeh - your life continuing beyond next weekend - if you’re not careful!
Winseer:
Doesn’t stop me from taking a Saturday job waiting at tables…
I suspect if someone does that then has a serious crash the police might be looking very closely, although not sure if they could do anything if under the 60 hours.
Oh and theres the complications of tax as i believe you get charged higher rate for the second job if PAYE. Hardly worth the work.
Winseer:
Doesn’t stop me from taking a Saturday job waiting at tables…
I suspect if someone does that then has a serious crash the police might be looking very closely, although not sure if they could do anything if under the 60 hours.
Oh and theres the complications of tax as i believe you get charged higher rate for the second job if PAYE. Hardly worth the work.
You are not charged a higher percentage, unless you cross the higher tax band. However you pay tax on all earnings as your tax free allowance is applied to your main job
