Agency - telling porkies? Breaks

I done a days work for an agency last week, how it worked out I spent more time sitting being loaded and tipped than I did driving, I done 4hrs driving in the whole day, 8hrs, so didn’t take 45 mins break.
Disregarding the whole wtd and tacho rules, are an agency ‘legally required’ to deduct 45mins tacho, regardless of if one was taken anyway? Because that’s the line I’m being given by the agency.

An agency taking a 45 minute break out of your cash has nothing to do with WTD or tacho rules. It’s just them being tight and cutting things as tight as they can to save a couple of quid.
I’ve worked for a few agencies over the years and some do and some don’t. It’s not a legall requiremnt for them to do so.

SuffolkLad:
I done a days work for an agency last week, how it worked out I spent more time sitting being loaded and tipped than I did driving, I done 4hrs driving in the whole day, 8hrs, so didn’t take 45 mins break.
Disregarding the whole wtd and tacho rules, are an agency ‘legally required’ to deduct 45mins tacho, regardless of if one was taken anyway? Because that’s the line I’m being given by the agency.

Yes they can if that is the contract you agreed to

If you showed 45 mins or more then yes they can.

ROG:

SuffolkLad:
Yes they can if that is the contract you agreed to

+1
Most agys will automatically deduct 45 after 8.75hrs.
If its 8hrs min paid then so long as he didn’t exceed 8.75hrs and showed a break after 6hrs for the WTD then there isn’t a problem.
I did 07:00-10:45 Saturday so no break was required but it was 8hrs minimum but in that situation I always mark my timesheet as NIL break req`d

SuffolkLad:
I done a days work for an agency last week, how it worked out I spent more time sitting being loaded and tipped than I did driving, I done 4hrs driving in the whole day, 8hrs, so didn’t take 45 mins break.
Disregarding the whole wtd and tacho rules, are an agency ‘legally required’ to deduct 45mins tacho, regardless of if one was taken anyway? Because that’s the line I’m being given by the agency.

You’d have legally had to take a 30 minute WTD break anyway so you’ve only been diddled out of 15 minutes, not 45.

As said, if it is in your contract its legal. My advice is knowing they do it park up and take the break.

Conor:

SuffolkLad:
I done a days work for an agency last week, how it worked out I spent more time sitting being loaded and tipped than I did driving, I done 4hrs driving in the whole day, 8hrs, so didn’t take 45 mins break.
Disregarding the whole wtd and tacho rules, are an agency ‘legally required’ to deduct 45mins tacho, regardless of if one was taken anyway? Because that’s the line I’m being given by the agency.

You’d have legally had to take a 30 minute WTD break anyway so you’ve only been diddled out of 15 minutes, not 45. .

depends - if only 4 hours driving and less than 2 hours other work was recorded in that shift then no RTD breaks required at all