My lot say they can’t pay all my holiday pay in one go because it is technically over 60 hours of pay on the wageslip, therefore is against the rules.
Don’t get me wrong, I’ll get all that’s due to me, they’ve never robbed me, but despite pointing out the obvious no one’s ever been done for it and no one enforces it etc, they ain’t paying it all in one week.
It doesn’t matter whether anyone’s ever been done for it or not your boss is talking out of his arse.
The regulations say you shouldn’t do more than 60 hours working time they say absolutely nothing about being paid more than 60 hours.
Technically they could pay you for 24 hours a day 7 days a week as long as you can show that you’re complying with the daily/Weekly rest periods and working time rules.
Also, for the WTD your statutory holiday is going to count as 48 hours per week and 8 hours for any individual days regardless of whether you get paid for it or not.
My lot say they can’t pay all my holiday pay in one go because it is technically over 60 hours of pay on the wageslip, therefore is against the rules.
Don’t get me wrong, I’ll get all that’s due to me, they’ve never robbed me, but despite pointing out the obvious no one’s ever been done for it and no one enforces it etc, they ain’t paying it all in one week.
It doesn’t matter whether anyone’s ever been done for it or not your boss is talking out of his arse.
The regulations say you shouldn’t do more than 60 hours working time they say absolutely nothing about being paid more than 60 hours.
Technically they could pay you for 24 hours a day 7 days a week as long as you can show that you’re complying with the daily/Weekly rest periods and working time rules.
Also, for the WTD your statutory holiday is going to count as 48 hours per week and 8 hours for any individual days regardless of whether you get paid for it or not.
Now…
You know that and I know that but, that doesn’t stop them from coming up with the cobblers they quoted me.
It’ll get paid over two weeks because they’re a bunch of tightwads who come up with complete bollox to hide that fact.
My lot say they can’t pay all my holiday pay in one go because it is technically over 60 hours of pay on the wageslip, therefore is against the rules.
Don’t get me wrong, I’ll get all that’s due to me, they’ve never robbed me, but despite pointing out the obvious no one’s ever been done for it and no one enforces it etc, they ain’t paying it all in one week.
The simple way to do it would be to increase your hourly rate over 50 hours for holiday purposes as a paper exercise, but that would be waaay beyond the wit of most pencil pushers!
thehighlandscot:
Got caught out the other day in traffic on the way back to the yard the other day and went a few minutes over my 60h working week allowance.
Does anyone know what the penalty is if stopped caught and would it carry on over the 28 day enforceable period?
Interesting topic this is… I know many people who have breached this and gone over 15 hours a day…as long as its legitimate and you we’re trying best not to go over its okay, as many people say, do try to avoid it… however as you know, dvsa punish going over the 10 hours driving time and breach in rest periods heavily… this is more of a concern than the hours worked
There is no ‘legitimate’ way to go above 15 hours a day, nor is there any excuse for going above 15. Extending your hours above 13 is only supposed to be done in emergency situations anyway, not because your planners are crap or you need that extra 20quid from doing the overtime.
If you worked, for example, 15 ½ hours today then had an 11 hour rest period before starting tomorrow, then had a crash during your shift tomorrow, blame would be pinned straight on you for not having sufficient rest.
The penalties for going above 15 hours are a lot more severe than the slap on the wrist you seem to think they are, and if you, or someone at your work is repeatedly going above 15 hours then it might be time to start looking for a new job
thehighlandscot:
Got caught out the other day in traffic on the way back to the yard the other day and went a few minutes over my 60h working week allowance.
Does anyone know what the penalty is if stopped caught and would it carry on over the 28 day enforceable period?
Interesting topic this is… I know many people who have breached this and gone over 15 hours a day…as long as its legitimate and you we’re trying best not to go over its okay, as many people say, do try to avoid it… however as you know, dvsa punish going over the 10 hours driving time and breach in rest periods heavily… this is more of a concern than the hours worked
There is no ‘legitimate’ way to go above 15 hours a day, nor is there any excuse for going above 15. Extending your hours above 13 is only supposed to be done in emergency situations anyway, not because your planners are crap or you need that extra 20quid from doing the overtime.
If you worked, for example, 15 ½ hours today then had an 11 hour rest period before starting tomorrow, then had a crash during your shift tomorrow, blame would be pinned straight on you for not having sufficient rest.
The penalties for going above 15 hours are a lot more severe than the slap on the wrist you seem to think they are, and if you, or someone at your work is repeatedly going above 15 hours then it might be time to start looking for a new job
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CookieM mate, …you’re wasting your time with some of em.
Just let them crack on and put themselves in an early grave, who cares?
ROG:
Since the drivers WTD was introduced many years ago no authority has ever enforced it as far as I can find
DVSA have the ‘responsibility’ for doing so but have no sanctions for breaches of it - so the UK have conformed to the EU laws in as far as they had to
Gist want to ban you if you do that. Well not exactly they want to ban you if you did a manual entry error that gave a false reading that gave rise to a 60 hour WTD infringement. They completely ignore the rules on making entries on print outs too. And they have an O licence…
I personally don’t think the WTD is fit for purpose. Just say you have a 5 day a week job and you hit 9 hours a day driving or as near as ■■■■ it that gives you 3 hours a week to load , unload , fuel up , and the all important walk around checks . Am i getting something wrong here?
ramone:
I personally don’t think the WTD is fit for purpose. Just say you have a 5 day a week job and you hit 9 hours a day driving or as near as ■■■■ it that gives you 3 hours a week to load , unload , fuel up , and the all important walk around checks . Am i getting something wrong here?
Sounds right.
If you’re planning to run right up to the limit, things are gonna be tight.
Alter the limits to whatever you like, if you plan on doing the max, things are always going to be iffy.
It’s a regulation that was brought in because of an EU directive.
That’s why it’s called the road transport working time regulations
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The theory being that lorry drivers and others shouldn’t work excessive hours.
Fortunately(?) our National Government decided to rescue us from this, by having a soft touch on enforcement.
Similarly to how we obey the EU regs on driver professional training. (Driver CPC). We set out a useless box ticking exercise, some other countries demand proper training including practical driving etc.
ramone:
I personally don’t think the WTD is fit for purpose. Just say you have a 5 day a week job and you hit 9 hours a day driving or as near as ■■■■ it that gives you 3 hours a week to load , unload , fuel up , and the all important walk around checks . Am i getting something wrong here?
Sounds right.
If you’re planning to run right up to the limit, things are gonna be tight.
Alter the limits to whatever you like, if you plan on doing the max, things are always going to be iffy.
But the 9 hour rule was in before the WTD . When they introduced it they realised that it was unworkable so they “made up” POA ffs .
On a different note i wonder how many drivers have been prosecuted for driving more than 9 hours when they actually haven’t. The old type tachos eat up time on the slightest movement , something else forced on us when it wasn’t fit for purpose on introduction … it wasn’t the EU by any chance who put these in place wss it ?
ramone:
I personally don’t think the WTD is fit for purpose. Just say you have a 5 day a week job and you hit 9 hours a day driving or as near as ■■■■ it that gives you 3 hours a week to load , unload , fuel up , and the all important walk around checks . Am i getting something wrong here?
Sounds right.
If you’re planning to run right up to the limit, things are gonna be tight.
Alter the limits to whatever you like, if you plan on doing the max, things are always going to be iffy.
But the 9 hour rule was in before the WTD . When they introduced it they realised that it was unworkable so they “made up” POA ffs .
On a different note i wonder how many drivers have been prosecuted for driving more than 9 hours when they actually haven’t. The old type tachos eat up time on the slightest movement , something else forced on us when it wasn’t fit for purpose on introduction … it wasn’t the EU by any chance who put these in place wss it ?
Before the tacho we could always rely on drivers to record hours manually, and bosses would never pressurise anyone to do more.
Bloody red tape!
.
With current tachos it’s possible to be in heavy start/stop traffic, with vehicles cutting in, vigilance needed to check all angles for suicidal pedestrians and cyclists, and record no driving.
Neither new nor old tachos are perfect, but both IMHO are better than log books.
ramone:
I personally don’t think the WTD is fit for purpose. Just say you have a 5 day a week job and you hit 9 hours a day driving or as near as ■■■■ it that gives you 3 hours a week to load , unload , fuel up , and the all important walk around checks . Am i getting something wrong here?
Sounds right.
If you’re planning to run right up to the limit, things are gonna be tight.
Alter the limits to whatever you like, if you plan on doing the max, things are always going to be iffy.
But the 9 hour rule was in before the WTD . When they introduced it they realised that it was unworkable so they “made up” POA ffs .
On a different note i wonder how many drivers have been prosecuted for driving more than 9 hours when they actually haven’t. The old type tachos eat up time on the slightest movement , something else forced on us when it wasn’t fit for purpose on introduction … it wasn’t the EU by any chance who put these in place wss it ?
Before the tacho we could always rely on drivers to record hours manually, and bosses would never pressurise anyone to do more.
Bloody red tape!
.
With current tachos it’s possible to be in heavy start/stop traffic, with vehicles cutting in, vigilance needed to check all angles for suicidal pedestrians and cyclists, and record no driving.
Neither new nor old tachos are perfect, but both IMHO are better than log books.
I’m still using the old digi tacho and it eats time if you are queuing to tip. They round up your time for the slightest move
