Breaks are breaks being paid for them is a bonus,outside of transport most workers get stopped their break time
Stinka:
Currently on containers self employed. Been having my breaks on bays etc when loading unloading. The agency say the employer are knocking 3.75 hr off per week 5x45minSo can I have my breaks on the road 45min each day to offset this rather than doing them a favour and having them on bays ?
Your agency has a contract with their customer .
You have a contract with the agency - I hope you told them that you are paid from start of shift to finish of shift with no deductions .
If the agency’s contract with their customer allows for this then its their problem not yours and their loss not yours .Insist you are paid right through .
beefy4605:
Stinka:
Currently on containers self employed. Been having my breaks on bays etc when loading unloading. The agency say the employer are knocking 3.75 hr off per week 5x45minSo can I have my breaks on the road 45min each day to offset this rather than doing them a favour and having them on bays ?
Your agency has a contract with their customer .
You have a contract with the agency - I hope you told them that you are paid from start of shift to finish of shift with no deductions .
If the agency’s contract with their customer allows for this then its their problem not yours and their loss not yours .Insist you are paid right through .
And when they turn around and say no what is he meant to do? Or if they say yes and explain because of this they will knock the rate down by £1/hour.
A contract is an agreement between two parties. It doesn’t mean just because he is a Ltd driver he has the right to dictate whatever he wants and will get it. If that were the case he could demand £500/hour and £10k night out money.
If I were happy with the overall rate then I am not bothered about how I get to the final number.
I do think you’d have to be simple in the head to not get paid a break and then either work through it or take it sitting in a cab. And I’d never do that. However, I’m happy to not be paid to have a nice walk - or to be able to sit at a park bench in nice weather and make myself a filter coffee. No one can say a thing as you just point out you are not being paid and the truck isn’t your problem during the break.
sammym:
beefy4605:
Stinka:
Currently on containers self employed. Been having my breaks on bays etc when loading unloading. The agency say the employer are knocking 3.75 hr off per week 5x45minSo can I have my breaks on the road 45min each day to offset this rather than doing them a favour and having them on bays ?
Your agency has a contract with their customer .
You have a contract with the agency - I hope you told them that you are paid from start of shift to finish of shift with no deductions .
If the agency’s contract with their customer allows for this then its their problem not yours and their loss not yours .Insist you are paid right through .And when they turn around and say no what is he meant to do? Or if they say yes and explain because of this they will knock the rate down by £1/hour.
A contract is an agreement between two parties. It doesn’t mean just because he is a Ltd driver he has the right to dictate whatever he wants and will get it. If that were the case he could demand £500/hour and £10k night out money.
If I were happy with the overall rate then I am not bothered about how I get to the final number.
I do think you’d have to be simple in the head to not get paid a break and then either work through it or take it sitting in a cab. And I’d never do that. However, I’m happy to not be paid to have a nice walk - or to be able to sit at a park bench in nice weather and make myself a filter coffee. No one can say a thing as you just point out you are not being paid and the truck isn’t your problem during the break.
You just don’t get it do you .
Your contract should state you are paid right through - its law that you have to take breaks to keep yourself legal regarding tacho law so theres no good reason to accept sitting there not being paid . You set your rate with the agency by however -accept what they give you or haggle for what you want and comprimise it out to a rate . Then again someone with 20 years experience and a clean licence will be able to command a better rate than someone with two or three accidents and not passed his test a full year yet . I love going for a walk at dinnertime AND getting paid for it as well .
Remember its a contract between YOU and the AGENCY - they pay you for the hours you work and bill the company that they send you to . How they (the agency ) bill their Customer (where you were sent to work ) is nothing to do with you and you should not be taking a deduction in your wages because they haven’t the guts to stand up to their customer -its their problem not yours . The agency can well afford to pay you for all your hours , you had better beleive they charge enough to cover it , they are just trying to screw you over another way .
My agency stop me 45 minutes a day for a break (they don’t stop second breaks, although I very rarely need one). How I respond to this depends on largely what I am expected to do by the client(s). I had a job where I drove for two hours every day, then sat on the bay for three hours while I was tipped. I was allowed to remain in the cab and as I was just drinking coffee and going on the laptop for the entire time I didn’t mind 45 minutes being counted as break. If I was made to sit in a dog kennel on a plastic chair for three hours while being tipped I would pull out afterwards and spend 45 minutes twiddling my thumbs in the first MSA.
Stinka:
Currently on containers self employed. Been having my breaks on bays etc when loading unloading. The agency say the employer are knocking 3.75 hr off per week 5x45minSo can I have my breaks on the road 45min each day to offset this rather than doing them a favour and having them on bays ?
Where is your brains you Finnish earlier and you would have to wait anyway
My holy god the joys of a self employed driver