Reasonable request or not...?

Hi guys, I need a little info / advice on split breaks.

  1. Can an employer demand that you take a split break in order to get an extra 15hr spread over or is this only at the drivers discretion…?

  2. In your opinions, would it be reasonable to ask a driver to take a split break when he was 3hrs 15mins away from the end of his 6th shift and had already completed a 78hr duty time for the week in question & needed 2.5hrs to get back to base.

I was laid off last Friday for failing to comply with a “reasonable request” from my traffic controller. I personally do not feel that it was a reasonable request and just wanted to get a few opinions on this.

Oh and the load I was sent for was not even picked, never mind loaded and was not going to be ready for at least another 4hrs !

Sounds very unreasonable to me and most would agree that it was too much to ask but a few will come me along and say you should have done it. Do you have a union at your place ?
Perhaps you’re better out of it if that’s how the firm treat you .

Welcome to TNUK by the way .

If they hadn’t sack you I would have brought truck back chucked keys at them and said “stuff your fing job !”
How many 15 had you done hat week ?

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Hey thanks guys, makes me feel better to know that you guys would’ve done & felt the same.

I had already done 3 x 15hr shifts earlier in the week and this took place on my last shift before my holidays.

They are threatening to deduct £280 out of my last pay, in order to cover costs they say. But according to my reckoning it should only be £130 to cover the diesel, there were no other costs as the load was not ready & not due delivery for another 2 days. :question:

Anyway ball hooks to em, I start a new job in the morning, so all is well. :slight_smile: Thanks again guys

If you had already done 3 x 15s what they were asking you to do was illegal…Are you in a union? I would be seeking legal advise for unfair dismissal, screw them taking money from YOU - they should be compensated you not deducting money from you.

The firm deserve naming and shaming from what you say!!!

From what I’ve been told, you can work an extra 15hr shift if you have taken a continuos 3hr break during the day and then follow the 15hr shift with a 9hr break, giving a total rest period of 12hrs.

Unfortunately had I done as requested, I would’ve sacrificed 3hrs to gain an extra 2hrs, which would mean I wouldn’t have sufficient time to get back to the base. If any of you guys are looking for class 1 tramping work @ a flat rate of £8/hr, then TDW Distribution Bridgend are short of a driver so I hear ! :wink:

C3lt1957:
From what I’ve been told, you can work an extra 15hr shift if you have taken a continuos 3hr break during the day and then follow the 15hr shift with a 9hr break, giving a total rest period of 12hrs.

Unfortunately had I done as requested, I would’ve sacrificed 3hrs to gain an extra 2hrs, which would mean I wouldn’t have sufficient time to get back to the base. If any of you guys are looking for class 1 tramping work @ a flat rate of £8/hr, then TDW Distribution Bridgend are short of a driver so I hear ! :wink:

They did you a favour that’s 50p less than what I get class 2 tramping and I get OT at time and half as well

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Overtime…? Yeah I wish, I was doing an average of 75hrs duty per week and the only time you got more than £8 / hr was if you worked Saturday or Sunday and then you’d get £12 / hr. But Monday to Friday was a flat £8.00 / hr.

So yes they did do me a favour because I start work with a different firm tomorrow @ £9.00 / hr.
Every cloud has a silver lining I guess :wink:

C3lt1957:
Overtime…? Yeah I wish, I was doing an average of 75hrs duty per week and the only time you got more than £8 / hr was if you worked Saturday or Sunday and then you’d get £12 / hr. But Monday to Friday was a flat £8.00 / hr.

So yes they did do me a favour because I start work with a different firm tomorrow @ £9.00 / hr.
Ever cloud has a silver lining I guess :wink:

The bosses flash car don’t buy it’s self you know

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Yeah your right there & if the short arsed little runt does have a flash car, it’s probably doubling as a ■■■■ extension !!

Not even slightly reasonable. Wouldn’t have had a chance to sack me, either…

Thanks for all the comments guys, but unfortunately I still do not have an answer to…

“Can an employer demand that you take a split break in order to get an extra 15hr spread over or is this only at the drivers discretion…?”

Somebody must know the answer surely…?

C3lt1957:
Thanks for all the comments guys, but unfortunately I still do not have an answer to…

“Can an employer demand that you take a split break in order to get an extra 15hr spread over or is this only at the drivers discretion…?”

Somebody must know the answer surely…?

There is no answer set in stone for that. It is up to you the individual to ascertain whether or not to carry out the request. There are however laws on workers exploitation and also laws covering goods vehicle drivers and companies duty of care to both the drivers and other road users.

In the final analysis I would simply say that they are cowboys who are taking the ■■■■. Simple.

Would you have been able to “freely dispose of your time”? Or were you expected to take 3 hours rest whilst waiting for your load? If the answer is that you WEREN’T able to use your three hours as you see fit - then no, it wasn’t a legal request.

No, I was expected to take a 3 hour break whilst waiting for the load ! They saw this as a reasonable request, but I refused to comply with their wishes & took the unit back to the depot.

Anyway it’s their loss not mine, as I started a new job last Tuesday, paying more money & got a nice 2 year old Mercedes to run around in :smiley:

Based on what you’ve said you’d have run out of time before getting back to the yard and as this was your 6th shift you’d have had to have parked up for a bare minimum 24 hours.

I wouldn’t say insisting you take a weekly rest in your cab is reasonable. I’d be looking at some sort of claim for unfair dismissal, even if you have no intention of going back.

And don’t let them deduct money from you, that’s nonsense. i had an employer deduct £480 holiday from me when I walked off a job one day. Threatened to knock the MD out cold and even shoved him out my way when he tried to stop me leaving. Despite the aggression on my part the CAB said they had no right to do this and literally 1 day before I was due to start proceedings against them after sending them a strongly worded letter the cheque arrived in the post.