Never seen a law that says an employer cannot offer you work on your holls and give you money for both
An employer cannot make you work your holls
JJ192:
C10HOO:
Just been speaking to a driver who says he is planning on driving for an agency next week while he is on holiday from his main employer.
Surely doing so is legal but by using his digi card his current employer will find out and in guessing they won’t be best pleased.
What’s the deal? Am I right in thinking his employer would have grounds to sack him?What the [zb] is it to you what other people do unless this other guy happens to be you if not then mind your own ■■■■ business
Was talking to the lad, got me thinking as i didnt know myself. this being a forum I thought if ask what others view was on this. If you don’t like people asking questions sod off and go look at pictures
peirre:
holidays are for sitting on a beach getting a tan, drinking beer and kissing ugly wimmin` in seedy night clubs…not for working for an agency
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This 100% 
Sorry, was meant to reply to a different thread.
Some bosses could get a bit Rsey if you work for a competitor.Most lorries are on digi. cards nowadays.Just another point to ponder.
hitch:
a weeks holiday counts as 48 hours
only if taken in the same week ie your weekly rest is not in between 2days hol 2 rest 2 hol this would only incur 16hrs WTD time in total
Some thoughts:
If you are not getting any overtime at your current employer, then you might want to do this. I’d say there’s not a lot the main employer can do to stop you, because it’s basically their lack of overtime to you that leaves you with “spare hours” in the first place.
Days of your annual leave beyond day 20 each year count as ZERO hours. If you are getting 20 days leave, plus the bank holidays therefore, it could be argued that any week where you work tuesday-friday because the firm doesn’t do bank holidays leaves you free on that single bank holiday monday that week. 
Some firms deliberately put you on something like a contracted 55 hour working week so you’ll never have any spare hours to work for another firm.
Since that working week is already over the 48 hour average over a reference period, I suggest it is the main firm that is taking the ■■■■ out of the spirit of WTD here though, rather than the employee’s consent seeking to effectively work “overtime” when on leave.
NO third party should feel “hard done by” when their employee wants to “work hard to make ends meet”.
We pay enough overheads as it is for ever-reducing rights, pay, & conditions.
When selecting an agency to work for “in the holidays”, pick one that pays premium rates straight out of the gate for sundays & bank holidays.
Otherwise, you’ll be palmed off with a basic rate unless you’ve put in something like “40 hours with the agency that week”. No good for those intending working both temporary AND part time hours at any time… 
Crazy, innit? The government want to encourage people to avoid claiming state benefits, so they pass laws which restrict your ability to earn more money and thereby better yourself and maybe get out of the poverty trap.
They also want people to declare all their income.
Yet the only way round this dilemma for us drivers is to work cash in hand with dodgy charts or a fake ID.
Just curious… has anyone tried taking a case to that European Court of Yooman Rites to claim that their civil liberty to earn a decent living is being restricted? After all, those that DON’T want to work seem to get plenty of mileage out of it.
We dont know if they guy works 4 on 4 off maybe and only looking to work maybe 6 days.wouldnt that be ok
One HGV driver I know has worked every Saturday afternoon and early evening for years, shunting and loading vehicles internally for another company.
Incidentally they trying to implement this WTD on other types of work too, by virtue of enforcing the weekly break. Good luck to trying that with the myriad of small businesses where weekend working is the norm and people are too busy earning a living to give a fig about what some Europratt in Brussels decides.
Juddian:
I for one am very pleased about the WTD regs, never been on such a good overall hourly rate as now, decent salary and a normal average working week of about 44 hours, never known such hours before.You know exactly what you can do with those 70 hour standard weeks of bloody hard filthy painful graft we did for years to earn a standard wage.
This ^^^^^^^^^^
Ive never been so well off for so little hours…thank you EU 
LIBERTY_GUY:
Incidentally they trying to implement this WTD on other types of work too, by virtue of enforcing the weekly break. Good luck to trying that with the myriad of small businesses where weekend working is the norm and people are too busy earning a living to give a fig about what some Europratt in Brussels decides.
Is there anywhere to see this ‘proposal’? Cant see sensible industries falling for it myself unless the utopia of those in Brussels is to see total employment in all member states.
Just get a second digi!
peirre:
holidays are for sitting on a beach getting a tan, drinking beer and kissing ugly wimmin` in seedy night clubs…not for working for an agency
You must go to the same places I do
nick2008:
hitch:
a weeks holiday counts as 48 hoursonly if taken in the same week ie your weekly rest is not in between 2days hol 2 rest 2 hol this would only incur 16hrs WTD time in total
RTD holls are based on what is done in the fixed week - weekly rest has no impact on it
Slightly different slant on this:
I work for one agency on a PAYE contract full time yearly. Now, yearly means to them 48 consecutive weeks of employment inclusive of any accrued leave I may take within this period of time.
When my 48 weeks is completed, I then HAVE to take 2 weeks unpaid leave to ‘break’ my contract, otherwise within there own T&C’s they would HAVE to offer me full time permanent employment.
So, another agency for me when my 2 week break is here - they leave me no other option really other than to sign on the dole!
andy288*:
Slightly different slant on this:I work for one agency on a PAYE contract full time yearly. Now, yearly means to them 48 consecutive weeks of employment inclusive of any accrued leave I may take within this period of time.
When my 48 weeks is completed, I then HAVE to take 2 weeks unpaid leave to ‘break’ my contract, otherwise within there own T&C’s they would HAVE to offer me full time permanent employment.
So, another agency for me when my 2 week break is here - they leave me no other option really other than to sign on the dole!
Surely there’s nothing to stop you working for another agency during those two weeks, working for another agency for two weeks would still break your contract with the first agency.
Juddian:
1asp:
just drive for someone with an older fleet and bin the charts at the end of the week.
theres no such thing as an honest richman!Then VOSA catch up when they visit the operator and after investigations (aided helpfully by Inland Revenue) find our dodgy driver and introduce him to the TC, massive fines follow possible criminal record and licence probably revoked.
Damned expensive dodgy weeks wages that’ll be and a proper employer wouldn’t subsequently give them the time of day.
Keep the charts for 28days then give them back?
no one apart from you, the agency and the company you worked for will know about it.
Tbh if vosa/hmrc where that keen on missing charts, I’d have been picked up ages ago as i still have tacho charts from work i did years ago…
nobody knows this drivers personal circumstances but why on earth would you want to work on your time off,why dont he just say if possible can he have the money instead of holidays and carry on working,if i am owed holidays i take them and relax,thats what they are for
Fatboy slimslow:
Just get a second digi!
That’s another way around it and not hard to do either, but since you can only legally have 1 card using the second can have you bang to rights should the records somehow come together and they spot an inconsistency i.e same license number different card numbers and overlapping dates.
But one card for each company and you should be ok.