According to ginger and co on radio 2 this morning, they are claiming that to be told to have less than 11 off is illegal (not haulage industry) but it isn’t if you volunteer to do it!
Is this right? If so why is our industry different!
weeto:
According to ginger and co on radio 2 this morning, they are claiming that to be told to have less than 11 off is illegal (not haulage industry) but it isn’t if you volunteer to do it!
Is this right? If so why is our industry different!
Anyone who works to the working time regulations 1998 is entitled to at-least 11 consecutive hours rest in each 24 hour period.
The reason it doesn’t apply to drivers is because the RT(WT)R 2005 do not stipulate a daily rest period it just says that we must comply with the rest periods in the “Community Drivers’ Hours Regulation”.
WTD says the worker is ENTITLED to a certain amount of time off but not taking it does not make it illegal
The worker can say to the emplooyer that they are taking their entitlement and the employer cannot refuse that unless they want to chance an employment tribunal
As tachograph says - the RTD is different because rest is covered by the tacho regs