Need some advice, am contract to 11 hours a day. so even if i do 8 i still get 11. At end of week if ive done 55hrs or under i get paid 55, so if i do over i get overtime pay.
What i want to know is if i start at say 6am on my first job from yard then get back to yard and they give me a second which i know will take me over my 11 am i within my rights to refuse to do this, as i consider this compulsory overtime, knowing im going to be over 11hrs before im back in the yard. I took this matter up with my tm who said that my contract says that im to do o/t as and when required to meet customer needs, and that i …and i quote " You WILL do o/t" …am i within my rights to refuse?
If your contract says you have to do it as and when required then I’m afraid the answer is yes, you do have to do it.
Hi Richard,
From the info you’ve given, I have to agree with Harry on this.
The only possible ‘proper’ objection I can see that you might have is if what the firm are asking you to do cannot be completed legally within all of the drivers’ hours / WTD requirements.
Hi Richard,
Not sure what type of work you do but If you try throwing your toys out on what would be known as ‘a reasonable request’ then you’ll probably find yourself in the office for a chat or they will give you your request of no overtime and when you need some extra cash you could find them not too happy to oblige.
Also could mean that they could save the worst jobs for you as payback in future which I have witnessed over the years in this game.
Best bet is to scratch their backs and you can always ask for a favour back. 
Richardf1fan:
‘…am I within my rights to refuse…?’
I’m no barrack-room lawyer, but I’m guessing ‘yes’, just as your employer also has rights that they could possibly and legally use to manipulate your demise (or otherwise stifle work quality) should they wish.
Richardf1fan:
Need some advice, am contract to 11 hours a day. so even if i do 8 i still get 11. At end of week if ive done 55hrs or under i get paid 55, so if i do over i get overtime pay.
What i want to know is if i start at say 6am on my first job from yard then get back to yard and they give me a second which i know will take me over my 11 am i within my rights to refuse to do this, as i consider this compulsory overtime, knowing im going to be over 11hrs before im back in the yard. I took this matter up with my tm who said that my contract says that im to do o/t as and when required to meet customer needs, and that i …and i quote " You WILL do o/t" …am i within my rights to refuse?
so, from that sentence alone, you get paid for 55 hours whether you do 55 hours or less, so, you are wuite happy to take your bosses money from him for doing nothing, but questioning it when he wants a little back in return.
instead of looking at it as 11 hours per day, try looking at it as 55 hours per week
eg,
mon 9 hours
tues 13 hours
wed 8 hours
thurs 8 hours
fri 15 hours
in that, you have worked ‘free overtime’ for 2 days, but you are still 2 hours pay better off because you will only have done 53 hours total
I think you have to use a bit of common sense with this situation You are happy to take 11 hours pay for 8 hours work, but when asked to do something to assist a customer, you feel that it is out of order.
If you employer loses that customer because they are not getting the service they want, then your future could be in jeopardy. In this life I have found that “give and take” is normally the most beneficial route.
Why are drivers so soft that they have to ask a question like this on here.
If it’s a reasonable request and you’ve no other plans, then just get on with it.
If you’ve made other plans (bit daft in this game) or you feel you’ll be too tired to do it, tell them to ■■■■ off.
I’m assuming you have the same employer as me, yes it’s in the contract, and it has to be expected, the planners have to try and plan jobs and if they have too many drivers wanting to be done at 11hrs, then more often than not we’ll all be done after 6 or so hours, because planning in this game is a bit of a game of jeapardy.
In this game its "swings & roundabouts ".You are not moaning about getting paid when you are not working,only when you have to work for your money.If you are not happy step aside & let someone that wants to work for their money have your job !
I sit here & wonder whats happened to the real men in this job ?Want set hours,got to be home by tea time,have to change the baby’s nappy etc …
Hmmmm… wonder where the term ‘drivers are their own worst enemy’ comes from 
Think really your gaffer is being reasonable, like has already been said you get paid 55 hrs if you work them or not, so really its a case of a bit of give and take. Just put it down to hours youve already been paid for but not yet worked.
I’m the same. contracted for 11 hours a day/55 hours per week. I very rarely go up to 11 hours, but am paid for the 11 anyway.
When we get our hours extended because of the bad weather and i’m stuck in snow somewhere after reaching my 11 hours, i just get on with the job and certainly dont kick up a fuss about it. It’s part of the job
ave to agree with the majority of answers, expect to workthe occassional “compulsory” overtime, it’s the way life is. If you need to be finished early on a certain day, make sure your planner knows it, if you are flexible, you are more likely to be helped out when you need it.
100% agree with this one, although the TM’s attitude could be a bit better.
Ken.
yep i agree as well!
i worked a similar contract, couple of lads complained and got advise, it comes down to some reference period? 17 week period springs to mind but can,t be certain, our hours were 45 per week and although in some weeks we worked say 50+ other weeks were less the 40, so during the reference period the average weekly hours were less then 45…
they cant fors=ce you to do anything… theres lots of other jobs out there
Richard have you ever been tramping?
I’d suggest you try it for a month then return to your cushy short hours day job & see if you still want to moan about it.
What Spanky said about hours measurement was spot on.
Where employment contracts and HGV drivers are concerned, there is usually a clause along the lines of
“must be available for overtime when needed by operational requirements.”
Im on a similar contract also 55 hours per week 11 hours a day, and have been since January, its the best conditions ive ever had, couple of days a week, i go over 11 but almost always under 55 hours, with a couple of 8.5/9 hour days thrown in for good measure. Only once in almost 12 months have I gone over 55 hours, I did 57 and got paid for it.
Try tramping you wouldnt last 5 minutes doing 75 hours + per week
Will:
‘… I sit here & wonder whats happened to the real men in this job…?’
I’ll save you wasting time asking an elected MP: The British bit of the EU suckled-up to a Brussels directive & made them illegal - something to do with equality (and anyone objecting to it being bigotted) 
Give and take old chap. You can’t really complain when you’ve been paid for loads of hours you haven’t had to work, plus the fact you will be paid extra for doing it.
it does sound awfully one sided mate!