I have been informed by an agency that have recently supplied me with work that all my driving hours according to the tachograph are the hours taken for work and all breaks are deducted and their clients do not pay for breaks. Is this legal?
If its in the T&C’s for the contract then yes.
At my previous job used to get 45 mins deducted, so when we double manned we would still parked up for break!
Well I will not be taking any breaks on client sites, whilst loading or unloading and a break will be just that, a break.
maneman:
Well I will not be taking any breaks on client sites, whilst loading or unloading and a break will be just that, a break.
You are learning
Nothing unusual,8.00hrs pay you do 8.45 just make sure you take your 45, many jobs in any type of business`s pay for your T Break but not your lunch break,count yourself lucky if you get a paid lunch break.
So, plumber comes to your house to do some work. You agree to pay him £■■ per hour. Are you happy to pay for the hour he spends sitting in his van having his lunch ?
Just asking
Regards. John.
old 67:
So, plumber comes to your house to do some work. You agree to pay him £■■ per hour. Are you happy to pay for the hour he spends sitting in his van having his lunch ?
Just asking
Regards. John.
He will say he’s off to buy parts, and eat his lunch in his van around the corner.
old 67:
So, plumber comes to your house to do some work. You agree to pay him £■■ per hour. Are you happy to pay for the hour he spends sitting in his van having his lunch ?
Just asking
Regards. John.
But your plumber isn’t legally forced to take that break, he’s chosen to. When you’re on a break, you’ll invariably still be sat in your workplace, so why shouldn’t you be paid for being there?
I can tolerate being deducted 45 minutes. Any more than that and I don’t think I would do it.
maneman:
Well I will not be taking any breaks on client sites, whilst loading or unloading and a break will be just that, a break.
There’s nothing stopping them asking/expecting you to take a break legally anywhere as long as it’s legal. And if your in / on the back working you shouldn’t be on break anyway.
So if they say breaks to be taken in depot or at a clients where they know your going to be on a bay for an hour or more there’s nothing to stop them dictating where or when you have your break.
maneman:
I have been informed by an agency that have recently supplied me with work that all my driving hours according to the tachograph are the hours taken for work and all breaks are deducted and their clients do not pay for breaks. Is this legal?
Since the agency tell you the rate on any given assignment, then yes it is legal, and if you mean they will also deduct any breaks over and above the minimum allowed, then that is also legal.
It is up to you to either accept those rates on that basis, or refuse the work, they are not forcing you to work there.
most places deduct a break yes, some try to deduct 2, and a few of the better ones will pay them.
needless to say the ones that deduct 2 tend to struggle to get drivers.
I used to work as other have said 45 mins fair enough (I used to have a few days where I was away before 8 hours so classed it as swings and roundabouts).
My argument for this is that if your sat in your truck having your 45 minutes your not being paid for. If someone backs into it. Or someone starts stealing the diesel, do you turn a blind eye to it because technically you are not at work? In my eyes you are at work the moment you are handed the keys to the vehicle to the moment you hand them back. You are responsible for the truck till this happens.
why are you sat in the truck, you are free to dispose of your time unless you plan to have your break in a laybye?
if you choose to sit in the truck then that is your choice, I can sit at my desk for lunch or go for a wander but I get an hour per day which isn’t paid.
maneman:
Well I will not be taking any breaks on client sites, whilst loading or unloading and a break will be just that, a break.
Why shouldn’t it be, unless you’re saying you don’t usually take proper breaks are you? but book them when loading just to look as if you are.
This little debate does make you wonder about breaks etc that you don’t get paid for.
If I’m not being paid for a break and it’s mine to dispose of as I see fit( grey area to me is this) then what do you think would be said if I wandered off for 45, left vehicle and something happened to it?
There’d be an inquiry as to why is what would happen.
To me a break is a legal requirement that company should allow for as it is mandatory so I should be paid for it. It’s not a rest period so I wouldn’t expect to be paid for that but a break whilst out in their vehicle then yes why not? I’m still responsible for it albeit I’m not driving it or doing other work just having a break so I can continue then to do their business
Since I came into this industry still amazed that they won’t pay for something so simple but expect you to protect their vehicle/load whilst on an unpaid break
It’s a convoluted way to save money [emoji6]
dcgpx:
but expect you to protect their vehicle/load whilst on an unpaid break
How do you know that “they” expect you to protect it? Have you ever received instructions to that effect from any Co you’ve worked for? I certainly haven’t. I did once return to my vehicle to find it had been damaged by a maneuvering vehicle, I was asked where I was at the time and I answered honestly that I was in a cafe having breakfast. Nothing else was said about it.
I worked for a firm that deducted 90 mins if you needed two breaks and then wondered why drivers didn’t want to work longer shifts.
the maoster:
dcgpx:
but expect you to protect their vehicle/load whilst on an unpaid breakHow do you know that “they” expect you to protect it? Have you ever received instructions to that effect from any Co you’ve worked for? I certainly haven’t. I did once return to my vehicle to find it had been damaged by a maneuvering vehicle, I was asked where I was at the time and I answered honestly that I was in a cafe having breakfast. Nothing else was said about it.
By my current company no - but then I get paid salary so it’s expected and that I don’t mind.
By an agency yes - and I asked directly once they said I need to book 45 on sheet as break as I would not be paid for it. Least they were honest and told me I wouldn’t be paid. Same as I was honest and saying I would lock it and take keys but as curtain sided if anything happened whilst I wasn’t there don’t bother trying to apportion blame.
maneman:
Well I will not be taking any breaks on client sites, whilst loading or unloading and a break will be just that, a break.
Perfectly reasonable if you’re involved with loading or cannot access the cab when getting tipped, but if you spend three hours on the bunk then pull up outside for your 45 and the firm you’re working at find out, it’s likely they will regard it as taking the ■■■■ and not want you back.