took a new job 3 weeks ago with a firm which put me in their lorry in another firm for dayhire pallet drops ,ok so ive been keeping an eye on the hours im doing and they have been creeping up over last week and half too apoint where this week by tomorrow i would have already done 45 hours ,the job ad stated 48 ,so i asked my guv howmany hours we are actually contracted by the 3rd party too do ,he said no specific amount it can be good and bad but i will not get paid for any over 48 yet expected too do them , i am getting ready too quit this week as by friday i will be 12hrs or more over ALL FOR FREE !!! also i am finding it very hard too take my breaks legally ie when not unloading as if i didnt the hours would be even higher. tomorrow im expected too go too southampton and bournenmouth and multidrop about 12 pallets ,all this from essex starting at 5am . too even get back for a ten hour day i would have too leave around lunch and that would be pushing it . DO I HAVE ANY RIGHTS HERE AS IM GOING TOO STEAM INTOO HIM ABOUT THIS 2MORROW 1ST THING
first off, no one forces you to take your breaks illegaly so dont. if you are having a break sit there and do nowt!
secondly it is probably swings and round abouts with the hours but if you dont get paid over 48 try not to do them. if they say you have to then tell them you want paying for them! try it! it might work, but then again you might see the door opening quite rapidly with you being pushed through it. only you can decide what to do.
From what you’ve written it sounds like they are a bunch of cowboys who don’t really care how many hours you do a week!
It’s hard to understand everything your saying to be honest - but it’s simple - you have to make sure you keep yourself LEGAL.
They should be paying you for all the hours you work - don’t let them away with the “third party dictates the job and hours” nonsense! So if you’re going to leave - or if they sack you anyway - don’t leave until you get all the money they owe you.
Best of luck.
I looked into this before and found out that is illegal for an employer to force you to work more than 48 hours. If you aint getting paid for the extra hours why the hell would you work them? your just giving up your free time to make your employer more £££.
more info direct.gov.uk/en/Employment/ … G_10028439
THANKSfor all responses so far ,its making me feel more confident in dealing with this issue
What contract did you agree to at interview ?
For future use - always get an hourly paid job that states bsaic hours with an overtime rate after those basic hours - that way you won’t get screwed
And get it in writing
ROG:
What contract did you agree to at interview ?For future use - always get an hourly paid job that states bsaic hours with an overtime rate after those basic hours - that way you won’t get screwed
And get it in writing
If it was my choice ROG I’d want to be paid on mileage with minium guarantee of miles per day.But multi drop is always going to be a bad choice of work unless it’s based on large amounts of freight over long distances with few drops.It would be interesting to know what that Soton and Bournemouth job required but I’d bet it was nearer to 12 drops of one pallet each drop than two drops of 6 pallets each drop.
bubsy06:
I looked into this before and found out that is illegal for an employer to force you to work more than 48 hours.
You can’t be made to work an average of more than 48 hours over whatever reference period you’re using for the RTD Working Time Regulations. And of course remember that POA and breaks don’t count towards those 48 hours.
However you can be made to work up to 60 hours (after breaks and POA) in any given week as long as your contract of employment permits is as long as your average is kept under 48.
In the case of this job I would probably be telling them where to stick it unless the money was particularly good.
Paul
I never understand the logic of some employers,they tell you one thing in an interview,how wonderful things are then reality kicks in.Getting a job should be like any other contract,you should be given the terms and conditions of employment to look over before you take the job , so that way you know exactly what will be expected of you.Too many of these companies are all image and no substance and I’m sure that in many cases plenty of their employees would not have taken the job on had they been told the whole story.By the way ,if you pack a job in after 3 weeks because it bore no resemblance to what you were told ,I don’t think that you will get a hard time at the Job Centre.
ROG:
What contract did you agree to at interview ?For future use - always get an hourly paid job that states bsaic hours with an overtime rate after those basic hours - that way you won’t get screwed
And get it in writing
topmixer11:
tell em too poke it 60hrs for 430 quid class 1 im on 430 quid for 9 hour days 18 tonne palletised day runs around 8 drops a day start is flexible usually around 630 am 7am finish from 2pm 4pm
Do I recall that you said this bloke is a mate of yours? Then, if so, you should be able to talk to him about this without chucking the towel in again
You mentioned that by taking legal breaks, it extends your working day, actually it doesn’t, you are on break, so it doesn’t count towards your working day
Wheel Nut:
ROG:
What contract did you agree to at interview ?For future use - always get an hourly paid job that states bsaic hours with an overtime rate after those basic hours - that way you won’t get screwed
And get it in writingtopmixer11:
tell em too poke it 60hrs for 430 quid class 1 im on 430 quid for 9 hour days 18 tonne palletised day runs around 8 drops a day start is flexible usually around 630 am 7am finish from 2pm 4pmDo I recall that you said this bloke is a mate of yours? Then, if so, you should be able to talk to him about this without chucking the towel in again
You mentioned that by taking legal breaks, it extends your working day, actually it doesn’t, you are on break, so it doesn’t count towards your working day
But taking breaks does count towards your speadover and reduces you daily rest period which is why it’s best to keep to 45 minutes break after around the 4 hours 30 minutes of driving.In general the more breaks you take during the working day the less time you’ll get at home on daily rest period if you’re on a home every night/day job.
Wheel Nut:
ROG:
What contract did you agree to at interview ?For future use - always get an hourly paid job that states bsaic hours with an overtime rate after those basic hours - that way you won’t get screwed
And get it in writingtopmixer11:
tell em too poke it 60hrs for 430 quid class 1 im on 430 quid for 9 hour days 18 tonne palletised day runs around 8 drops a day start is flexible usually around 630 am 7am finish from 2pm 4pmDo I recall that you said this bloke is a mate of yours? Then, if so, you should be able to talk to him about this without chucking the towel in again
You mentioned that by taking legal breaks, it extends your working day, actually it doesn’t, you are on break, so it doesn’t count towards your working day
[/quote]You sure?..I thought breaks and POA count towards your shift/duty time, but when you do the maths at the end of the week, then you take them out the equation. In theory, if you work a 15 hour day, lets say 0600 until 2100, all you would legally need is 2x 30 min rest periods. You’re saying it’s acceptable to then finish at 2200 that evening? I’m pretty sure it isn’t, otherwise companies would be enforcing POA’s left, right and centre to make drivers stay out on the road such as this next scenario…
0600 start, 10 minutes driving to 1st drop, 2:30 hours poa waiting to tip, 20 minutes to tip, 10 minutes driving, 2:30 hours POA waiting for tip at 2nd drop, 20 minutes to tip…
Lets just say your day kept going like that, which bearing in mind the first 45 minutes of POA can also be counted as break…with 26 pallets on board, 26 drops, that calculation works out to be a shift/duty time of roughly 3 days…If you took that to VOSA I’m sure they’d have something to say about it. Also, Publication GV262-02 says that within a 24 hour period, you must have at least a reduced daily rest of 9 hours, therefore meaning your maximum duty/shift time can only be a maximum of 15 hours, which includes all legal breaks.
Maybe I’ve just read what you said wrong :S
not responding to the legal aspects.
If the job is based on good times and bad times are you sure that the good times won’t make up for the bad times.
For example if you are delivering to retail outlets, then as the run up for Xmas will create busy times , the slack time in february /march may well let you get away with less hours.
Only you can say how much of a chance of other work you have, but I would guess that just now the employer will simply replace you if you kick off.
best of luck anyway.
in response too wheelnuts post, yes i do the the person who employed me but it turns out he is afraid of the lorry being pulled out the contract rather than back me up. it started off ok but now im being put under huge pressure ,ithink because i got all the jobs done with no hassle therefore i can do more !!! yesterday left depot at 5am started at 430 am drove too winchester then winborne then bournemouth then poole ,then LYMINGTON by this drop i had only got 3 and half hours left on card too get back too basildon and still had 2 more drops too do romsey and totton. told them that i needed too leave for home asap as factoring in eveening rush on m25 dartford etc i may be in trouble ,they aske me too do romsey on way out i checked with sat nav and then said fine IF YOU WANT I CAN LEAVE YOUR GOODS THAT IVE COLLECTED AT CLACKKET SERVICES while i hitch a ride home. my boss didnt really back me up and i ended up refusing too do it .got back at 7.15 pm and out of time , still had too get truck back too yard after unloading at forwarders depot . the controller today accused me of skiving or something as i got back so late . i have done as from tonight 60 hours shift with only 48 pay. the person i thought i knew turns out too be a complete ■■■ and im bearing the strain of being the one that gets the truck pulled from job all because i stick up for myself and they dont like it . really dont want to go back monday because i know they are going too push me again and when i say i cannot get it done thats it truck out then im gonna get accused of causing it . if i was sure i could get jobseekers too tide me over i would walk asap as this just is not right 
also i do not get a wage slip and am expected too use my own phone for all work related stuff as they wont give me a works one .
TBH Topmixer it sounds like a crap job working for crap people who don’t give a rats … about you or your wellbeing. I’d be tempted to resurrect that old thing, the “work to rule”. By that I mean run to the letter of the law, Don’t call anyone from your phone, let them call you. Generally do it by the book. When they sack you, take 'em to a tribunal and have their eyes out fella. Good luck.
sounds like you were better off on the bacon job. 
Adam_Mc:
Wheel Nut:
ROG:
What contract did you agree to at interview ?For future use - always get an hourly paid job that states bsaic hours with an overtime rate after those basic hours - that way you won’t get screwed
And get it in writingtopmixer11:
tell em too poke it 60hrs for 430 quid class 1 im on 430 quid for 9 hour days 18 tonne palletised day runs around 8 drops a day start is flexible usually around 630 am 7am finish from 2pm 4pmDo I recall that you said this bloke is a mate of yours? Then, if so, you should be able to talk to him about this without chucking the towel in again
You mentioned that by taking legal breaks, it extends your working day, actually it doesn’t, you are on break, so it doesn’t count towards your working day
[/quote]You sure?..I thought breaks and POA count towards your shift/duty time, but when you do the maths at the end of the week, then you take them out the equation.
I think Wheel Nut meant they don’t count toward your working time for the WTD rather than working day.
Adam_Mc:
In theory, if you work a 15 hour day, lets say 0600 until 2100, all you would legally need is 2x 30 min rest periods.Less than that, the minimum for a 15 hour day is a break, or breaks, totalling 45 minutes.
Adam_Mc:
Maybe I’ve just read what you said wrong :S
Maybe you did
If you are working for a forwarder they normally have a couple of busy days ours used to be Tuesday and Thursday.
Just phone in sick for a day or two, there are a lot of bugs around at the minute at least it gives you a couple of days more to sort your options out.
topmixer11:
in response too wheelnuts post, yes i do the the person who employed me but it turns out he is afraid of the lorry being pulled out the contract rather than back me up. it started off ok but now im being put under huge pressure ,ithink because i got all the jobs done with no hassle therefore i can do more !!! yesterday left depot at 5am started at 430 am drove too winchester then winborne then bournemouth then poole ,then LYMINGTON by this drop i had only got 3 and half hours left on card too get back too basildon and still had 2 more drops too do romsey and totton. told them that i needed too leave for home asap as factoring in eveening rush on m25 dartford etc i may be in trouble ,they aske me too do romsey on way out i checked with sat nav and then said fine IF YOU WANT I CAN LEAVE YOUR GOODS THAT IVE COLLECTED AT CLACKKET SERVICES while i hitch a ride home. my boss didnt really back me up and i ended up refusing too do it .got back at 7.15 pm and out of time , still had too get truck back too yard after unloading at forwarders depot . the controller today accused me of skiving or something as i got back so late . i have done as from tonight 60 hours shift with only 48 pay. the person i thought i knew turns out too be a complete ■■■ and im bearing the strain of being the one that gets the truck pulled from job all because i stick up for myself and they dont like it . really dont want to go back monday because i know they are going too push me again and when i say i cannot get it done thats it truck out then im gonna get accused of causing it . if i was sure i could get jobseekers too tide me over i would walk asap as this just is not right
DON T JACK IN JOB AS YOU WONT GET ANY BENEFIT UP TO 8 WEEKS WAIT THEY MIGHT SUSPENR JSA