The thing is whether you agree with the right and wrongs of being allowed work during your annual leave, if it’s in your contract you aren’t allowed and more so if you sign a document stating you haven’t worked and get caught then really your employer has plenty of ammunition if they want to get rid of you.
Many industries have clauses in their contracts, I have ones about not being allowed to work for another race team and a confidentiality clause.
m1cks:
We have gap letters, basically it’s worded to show that the company is aware there is a gap in our tachograph records and the reason why. Just housekeeping for the office bods.
But there wouldn’t be a gap. When you download your card it would show any driving you’ve done on your days off.
If it is such a problem then how does the company handle agency drivers who may have several weeks or even months before they are back in at your spot?
Conor:
m1cks:
We have gap letters, basically it’s worded to show that the company is aware there is a gap in our tachograph records and the reason why. Just housekeeping for the office bods.But there wouldn’t be a gap. When you download your card it would show any driving you’ve done on your days off.
If it is such a problem then how does the company handle agency drivers who may have several weeks or even months before they are back in at your spot?
There would be a gap in our case as we wouldn’t be doing any other driving during that week. It’s mainly for if we get audited and they want to know why there’s no information for driver XYZ for a particular week.
Every company I’ve worked for has had a clause that states I’m not to work outside of my employment with that company without permission from ops. Latest outfit bans it outright. It’s not road haulage but it’s transport and legal hours so the same idea. I think it’s normal in industries where firms have to monitor the legal hours you’re performing. Never had to sign anything after holiday in my job.
In your situation that’s not a legal form, just a company monitoring thing. They may have had people moonlighting busting hours etc. DVSA only care if you break the limits, not how many people you’re working or driving for or if you explain away why your card wasn’t used in a fortnight. There is nothing in law to require signing anything to Justify long spells away from driving.
not to mention they are paying you holiday pay.
war1974:
not to mention they are paying you holiday pay.
That has nothing to do with it the same as the fact its perfectly legal to be getting sick pay from one job whilst continuing to work in another.
my point is as an employer - they pay you holiday pay to give you time off to rest and recover - going off and working for someone else they will argue against.
if you want to do it ask permission beforehand rather than risk being caught out.
Find someone with some pre 06 units, so you’re on analogue, sign the letter, then go knock yourself out champ, company will never know.
Conor:
war1974:
not to mention they are paying you holiday pay.That has nothing to do with it the same as the fact its perfectly legal to be getting sick pay from one job whilst continuing to work in another.
.■■ Don’t know how you work that out with sick pay. If your off sick you can’t legally work as it would be fraud as sick pay is not just made up from the employer .
nick2008:
Conor:
war1974:
not to mention they are paying you holiday pay.That has nothing to do with it the same as the fact its perfectly legal to be getting sick pay from one job whilst continuing to work in another.
.■■ Don’t know how you work that out with sick pay. If your off sick you can’t legally work as it would be fraud as sick pay is not just made up from the employer .
There was a case where somebody claimed for unfair dismissal because she was working for somebody else while claiming sick pay, but there were a specific set of circumstances for that case.
The lady had 2 part time jobs, and I believe both employers were aware of that.
One job was home visits as a midwife, the job involved a lot of walking and climbing stairs to flats etc.
The other was a desk based jobs.
She suffered a knee injury which meant she claimed sick pay from the job which involved traveling round for work, but kept working at her desk based job.
When the company paying sick pay found out, she was dismissed, but she appealed saying she was fit for work for the desk based job, as this didn’t put a strain on her knees, but not for the midwife job, and basically she won the appeal.
But these were a special set of circumstances and other have been sacked for working while claiming sick pay, such as the consultant who kept seeing private patients, despite being told she couldn’t, while claiming sick pay from a health authority.
Basically if you are claiming sick pay from a company and working during the hours you’d be normally working for that employer, or you are claiming sick pay for a physical injury and your employer finds out you are physically able to do the work you are employed to do, I remember seeing one of these benefit fraud programs where a council employee was on long term sick and got caught training for a sporting event, then it’s fraud.
Oh the humanity.
A company dont want you working for some one else while they are also having to pay you holiday pay.
Shocking.
martinviking:
One of our drivers got sacked a couple of years ago, took a holiday & worked for an agency, got pulled in when he got back & was given his marching orders, I thought it was a bit harsh, maybe a written warning would have been the correct way to deal with it, but rules are rules & if your face doesn’t fit (& all that !)
There’s an argument that goes like this:
"Driver’s holidays are either Stat Leave (count 8 hours against per day) or “Non Stat Leave” which count as zero hours.
Now, if your management want to pump as many hours as possible out of you either side of your holiday - then any hours on your card from when everyone thought you’d be on zero hours that week for non-stat leave in particular - are going to mess those best-laid plans of mice and planners right up!
“Non Stat Leave” I needlessly remind the reader - are those holidays numbered 21 and onwards on whatever annual leave entitlement one has.
Some yard policy actually have “POA and Leave Hours” down as a Management Tool.
So… Don’t be a tool and fall foul of it! I don’t know of any full-time employer who’ll let their drivers openly drive at agencies whilst that driver is on holiday from the full time job… 
Most of euro land insists on attestation Even for weekends in France esp if pulled you will prob be asked for it unless you keep your card in over weekend or hols thers a fair chance you will have an enforced break and fine . You can find more about it on the euro pages on here
The other contracts on site are not run by my employer so I have to take my time and get in there slowly and do an extra shift where possible. So does this restrict me from going on a driving assessment if I sign this also? I wont be working during my holiday obviously but I just wanted to know peoples views on the situation, and are not all drivers hours over 48 surely? This is only WTD and I didn’t believe VOSA were that bothered about it?
The-Snowman:
Oh the humanity.
A company dont want you working for some one else while they are also having to pay you holiday pay.
Shocking.
That’s dry, and I like it! 
ash 001:
The other contracts on site are not run by my employer so I have to take my time and get in there slowly and do an extra shift where possible. So does this restrict me from going on a driving assessment if I sign this also? I wont be working during my holiday obviously but I just wanted to know peoples views on the situation, and are not all drivers hours over 48 surely? This is only WTD and I didn’t believe VOSA were that bothered about it?
LOL, your firm don’t give a monkies about WTD mate, and I know who you work for!
So the question is why should you? 
It’s a bit of a pot and kettle scenario… 
If you are looking to move on, then speak to your employer. Thank them for the time you’ve spent with them, the experience you’ve gained, the things you have learn’t, blah blah blah… And then make it crystal clear that “out of your own good will and work ethic” you won’t leave them in the lurch and are giving them fair warning, that you want to use the Class 1 licence burning a hole in your pocket while you’ve been driving VANS! 
So says the man who’s currently driving VANS!!!
Exactly and the fact that they tried telling me I shouldn’t be working an extra shift because of WTD I laughed uncontrollably 
.I have to bite my tongue do my extra shifts then move on fingers crossed everything goes to plan! Thanks VAN driver