Can employer dictate when you take breaks?

When doing a delivery to building sites, and you have to wait for that short period (approx. 5-10mins, though occasionally it can be a lot longer)) before the forklift gets round to unloading you, I was always under the impression this should be recorded as “period of availability,” but recently my employer has insisted I use it as my break instead, bearing in mind:-

  1. its unscheduled, so I may not necessarily have food with me at that point.
  2. At the start, I don’t know how long i’ll actually be waiting for.
  3. i’m parked in the middle of building site, so too noisy if I feel tired and want to have sleep as my usual starting time is 4am
  4. i can also end up in situation where I will have I’ve used all my 45 minute daily rest break before 8am.

I know i’d get another 15 mins in 6 hours, but that’s not the way I prefer to use my break, i’d rather get the delivery done and stop for food on my way back.
am I being niave in thinking my 45 minute break is for me to use for my “rest and recouperation” and therefore it should taken when I choose, not when it when it works out cheapest for my employer?

You are right, he isn’t.

However in order for it to count as a break for driving it has to be at least 15 minutes.

Leave it on other work, don’t bother with PoA.

So a break can only occur when the truck is parked somewhere that is serene and tranquil and you have your sarnies with you?

Own Account Driver:
So a break can only occur when the truck is parked somewhere that is serene and tranquil and you have your sarnies with you?

No, but in the flip side he shouldn’t be dictated to when he should be taking his breaks.

Early-Riser:
When doing a delivery to building sites, and you have to wait for that short period (approx. 5-10mins, though occasionally it can be a lot longer)) before the forklift gets round to unloading you, I was always under the impression this should be recorded as “period of availability,” but recently my employer has insisted I use it as my break instead, bearing in mind:-

  1. its unscheduled, so I may not necessarily have food with me at that point.
  2. At the start, I don’t know how long i’ll actually be waiting for.
  3. i’m parked in the middle of building site, so too noisy if I feel tired and want to have sleep as my usual starting time is 4am
  4. i can also end up in situation where I will have I’ve used all my 45 minute daily rest break before 8am.

I know i’d get another 15 mins in 6 hours, but that’s not the way I prefer to use my break, i’d rather get the delivery done and stop for food on my way back.
am I being niave in thinking my 45 minute break is for me to use for my “rest and recouperation” and therefore it should taken when I choose, not when it when it works out cheapest for my employer?

Read up on the requirements for using POA. A document called GV262 would be your best bet :bulb:

It’s become acceptable for drivers to be dictated to, due to the simple fact, ‘if you don’t someone else will’. However I’m confident this will soon be changing.

Honestly !

I’ve had a right few arguments with my lot over when I take my breaks. Probably every singe traffic controller we have I’ve had an argument with and I’ve never once be hooked upstairs for a displinary. Shift patterns/start times are bad enough so you try and keep your eating habits on a good routine. Not one day your 45 break is built 2 hours into your shift and the next day your 45 break is built 6 hours into your shift. I have my breaks roughly the same time everyday.

Of course they can.

Whether or not you could be disciplined for taking additional comfort breaks, is another matter entirely, I’d imagine any employer would be on a bit of a sticky wicket in that regard.

Did you not ask about breaks at your interview? That’s one of the first things after salary I want cleared up.

My bladder , stomach and tiredness dictate when I break also driving time

Sent from my iPad using Tapatalk

Sniff sniff…

Sitting waiting for a forkie to come & unload you on a building site would hardly be considered as a break. You could be asked to move at anytime for whatever reason. This is just your employer trying to shorten your working day & keep his wages bill down.

Take your break when you can park up & there’s no chance of you being asked to do anything else.

No transport office would tell me when I have to take my breaks.

Early-Riser:
When doing a delivery to building sites, and you have to wait for that short period (approx. 5-10mins, though occasionally it can be a lot longer)) before the forklift gets round to unloading you, I was always under the impression this should be recorded as “period of availability,” but recently my employer has insisted I use it as my break instead, bearing in mind:-

  1. its unscheduled, so I may not necessarily have food with me at that point.
  2. At the start, I don’t know how long i’ll actually be waiting for.
  3. i’m parked in the middle of building site, so too noisy if I feel tired and want to have sleep as my usual starting time is 4am
  4. i can also end up in situation where I will have I’ve used all my 45 minute daily rest break before 8am.

I know i’d get another 15 mins in 6 hours, but that’s not the way I prefer to use my break, i’d rather get the delivery done and stop for food on my way back.
am I being niave in thinking my 45 minute break is for me to use for my “rest and recouperation” and therefore it should taken when I choose, not when it when it works out cheapest for my employer?

How long have you put up with this, you are obviously not happy with it (and quite rightly so) so have you told your boss, or have you just complied without any protest, or are you getting advice off here before your next move?

If it was me I would have nipped it in the bud on Day1. :bulb:
Your break is just that…a break, something you take when you feel YOU NEED a one :bulb: , not something just to ‘get in’ prioritising on how much time you can save for your boss. :unamused:

Early-Riser:
When doing a delivery to building sites, and you have to wait for that short period (approx. 5-10mins, though occasionally it can be a lot longer)) before the forklift gets round to unloading you, I was always under the impression this should be recorded as “period of availability,” but recently my employer has insisted I use it as my break instead, bearing in mind:-

  1. its unscheduled, so I may not necessarily have food with me at that point.
  2. At the start, I don’t know how long i’ll actually be waiting for.
  3. i’m parked in the middle of building site, so too noisy if I feel tired and want to have sleep as my usual starting time is 4am
  4. i can also end up in situation where I will have I’ve used all my 45 minute daily rest break before 8am.

I know i’d get another 15 mins in 6 hours, but that’s not the way I prefer to use my break, i’d rather get the delivery done and stop for food on my way back.
am I being niave in thinking my 45 minute break is for me to use for my “rest and recouperation” and therefore it should taken when I choose, not when it when it works out cheapest for my employer?

Either the CPC training really is not worth the time and effort, or the O.P. is having a laugh.

the nodding donkey:

Early-Riser:
When doing a delivery to building sites, and you have to wait for that short period (approx. 5-10mins, though occasionally it can be a lot longer)) before the forklift gets round to unloading you, I was always under the impression this should be recorded as “period of availability,” but recently my employer has insisted I use it as my break instead, bearing in mind:-

  1. its unscheduled, so I may not necessarily have food with me at that point.
  2. At the start, I don’t know how long i’ll actually be waiting for.
  3. i’m parked in the middle of building site, so too noisy if I feel tired and want to have sleep as my usual starting time is 4am
  4. i can also end up in situation where I will have I’ve used all my 45 minute daily rest break before 8am.

I know i’d get another 15 mins in 6 hours, but that’s not the way I prefer to use my break, i’d rather get the delivery done and stop for food on my way back.
am I being niave in thinking my 45 minute break is for me to use for my “rest and recouperation” and therefore it should taken when I choose, not when it when it works out cheapest for my employer?

Either the CPC training really is not worth the time and effort, or the O.P. is having a laugh.

Definitely BOTH. :smiley:

madmackem:

Own Account Driver:
So a break can only occur when the truck is parked somewhere that is serene and tranquil and you have your sarnies with you?

No, but in the flip side he shouldn’t be dictated to when he should be taking his breaks.

Why not? In every other walk of working life employees have breaks when told to.

switchlogic:

madmackem:

Own Account Driver:
So a break can only occur when the truck is parked somewhere that is serene and tranquil and you have your sarnies with you?

No, but in the flip side he shouldn’t be dictated to when he should be taking his breaks.

Why not? In every other walk of working life employees have breaks when told to.

Maybe so Luke, but most other employees in other trades do not have the potential for causing the type of carnage caused by a 44 tonner travelling at 56mph with a driver asleep, who had not taken his proper break when needed, but rather, when the boss, in the op’s own words ‘‘dictated’’
An over dramatic example? yeh I know, but nevertheless accurate.

This is what you say to stamp this crap out…Can you write that down in your own handwriting and sign and print your name at the bottom…you soon find they aint so enthusiastic

My break.

My time.

My decision.

End of.

robroy:

switchlogic:

madmackem:

Own Account Driver:
So a break can only occur when the truck is parked somewhere that is serene and tranquil and you have your sarnies with you?

No, but in the flip side he shouldn’t be dictated to when he should be taking his breaks.

Why not? In every other walk of working life employees have breaks when told to.

Maybe so Luke, but most other employees in other trades do not have the potential for causing the type of carnage caused by a 44 tonner travelling at 56mph with a driver asleep, who had not taken his proper break when needed, but rather, when the boss, in the op’s own words ‘‘dictated’’
An over dramatic example? yeh I know, but nevertheless accurate.

If a driver can’t get through a standard working day without having a sleep in the middle then something is wrong somewhere.