This could change things.
But a cheap PAYG phone and use it as your office number. That way you have a number that you can keep on for personal and another one for the boss to phone but you can put that on silent when you are on rest.
Twenty-one lorry drivers will share an employer’s handout of between €70,000 and €100,000 for interruptions to what they claim should have been uninterrupted weekly rest periods.
The men are drivers for Stobart (Ireland) Driver Services Limited, headquartered at Bond Drive Extension, Dublin Port, and took claim appeals to the Labour Court. Their employer provides drivers for major hauliers in Ireland.
The appeals were handled by their union, the Services Industrial Professional and Technical Union (SIPTU) and they were awarded compensation ranging from €3,500 to €5,000
under the Organisation of Working Time Act 1997.
From the Independent.
Sounds to me like the person who rang at 0430 had lent the company brain to someone else for the shift. He could have so easily have checked to see what time you had booked off, so would then know when your rest period was due to end. So 6am would have been the time to ring you - nothing to do with interrupting your rest period by phoning you, but just being reasonable. On the other hand I reckon you are being unreasonable by not going in, it’s not like you were being asked to drive for 4.5 hrs in the dark as soon as you got in. You could have told them that you’d come in, but due to the events of the night you were now over-tired, so would need a short shift of 8 hrs or fewer, or alternatively an RDC delivery where there would be a genuine opportunity to get your head down for a couple of hours. With 60 drivers on the books that ought not to have caused the company too much of a problem.
chester:
you have not seen the state of my mrs at 0430 in the morning, (shudders)
Wanna bet?? 
Is it acceptable for your employer to phone you at 04:30 am in the morning, my rest period was due to end at 6am?
As a result I was not able to get back to sleep and have only had 4 and a half hrs kip.
It was not in anyway an emergency or anything like that, it was to tell me what to do this morning. Some of you will say to turn your phone off on rest periods, but its my phone and why should I turn it off I may have family trying to contact me in an emergency.
chester:
Is it acceptable for your employer to phone you at 04:30 am in the morning, my rest period was due to end at 6am?As a result I was not able to get back to sleep and have only had 4 and a half hrs kip.
It was not in anyway an emergency or anything like that, it was to tell me what to do this morning. Some of you will say to turn your phone off on rest periods, but its my phone and why should I turn it off I may have family trying to contact me in an emergency.
Breaks and Rest
A break is defined as a period during which a driver is able to obtain both rest and refreshment. The break may be on duty or off duty.
Rest is always off duty.
Payment for time spent on rest or on break does not as a matter of course turn such time into duty time. Some bus companies pay through on meal breaks, whilst in other circumstances penalty payments may be made for long periods “off duty” between portions of work ie “spreadover” payments.
The test ultimately is that to be resting a driver must be free to dispose of personal time and when on a break is not carrying out specific duties for the employer.
Tell him to ring you after your break has finished, and ask him how he would feel if you rang him in the middle of the night whilst he is tucked up in bed to find out where you were going the next day!
Phone your boss at 2 am .and have a nice chat about phoning early in the morning
Why do you need to come on here and ask, you know it’s illegal.
What you’re asking is what others would do in that situation?
You’ll get 100 answers depending on personal circumstances, how much of an arrogant ■■■■ the driver is, how much of a ■■■■■■■■■■■ he is etc…
You’ve got to make your own decisions. Personally if I liked or needed the job, I’d just put up with it as would 100% of the others, no matter what they type.
However, if you’re looking for an excuse to tell the missus why you’re quitting, then it’d work fine, but that’s about all you’d get.
chester:
Is it acceptable for your employer to phone you at 04:30 am in the morning, my rest period was due to end at 6am?As a result I was not able to get back to sleep and have only had 4 and a half hrs kip.
It was not in anyway an emergency or anything like that, it was to tell me what to do this morning. Some of you will say to turn your phone off on rest periods, but its my phone and why should I turn it off I may have family trying to contact me in an emergency.
Why did he phone your phone ■■ If your truck phone off he should respect you’re need for rest and not phone your phone unless it is an emergency.
I would think a quiet word with him explaining the circumstances would be sufficient enough. Agree a simple system with him to avoid a repeat. Perhaps he could text your truck phone with the info or a message to call before cracking on if circumstances have changed ■■.
Alternatively most phones have assignable ringtones so when you are on rest assign “silent” to the works numbers only thus leaving your phone fully available to your friends and family 
In a similar vein I was phoned by the traffic office and they left me a voicemail asking me to come in three hours earlier, changing a 12hour rest into a nine hour one. Ignoring the message I put the phone on silent before going to bed and went in at the original start time. When I got up I rang them and asked what the crack was with trying to change my start time after I left the depot. They tried to go down the disciplinary route but this was shot down when I pointed out that just because they left me a message does not imply receipt. 
What I did do is refuse to work today hence Iam able to post on here 
, as to tired, my company reckon a phone call during a rest period does not constitute as work and the have had legal advice to say so, anyway I shall soon be ending up on a disciplinary.
chester:
What I did do is refuse to work today hence Iam able to post on here
Well, they’re bloody wrong.
You can get free legal advice from some solicitors, CAB, if you’re in a union, you can get union rep in with you, if not, get a drivers rep from the firm to go in with you.
DO NOT go in alone, they’ll just ■■■■ you.
Unfortunately, no matter the outcome, get lookin’ for another job mate, you’re on your way out.
1 minute discrepency on your tacho, a few mins late for work, a detour on a route etc, they’ll have you for something, so might as well jump before you’re pushed.
What time were you planning to get up at, just out of interest. It’s just I set my alarm an hour before my start time so if that was me I’d have only missed out 30 minutes sleep, which wouldn’t be enough to leave me desperately tired. But everybody is different. Id have gone in but would have had a word with the boss about it.
switchlogic:
What time were you planning to get up at, just out of interest. It’s just I set my alarm an hour before my start time so if that was me I’d have only missed out 30 minutes sleep, which wouldn’t be enough to leave me desperately tired. But everybody is different. Id have gone in but would have had a word with the boss about it.
7:30am would have been my start time, it would take me 40mins to get out of bed and to the yard, I was just so angry with them for ringing, as my phone was downstairs, so the call at 4:30am woke me and my partner up. She has her own Business and had an important meeting today, so she kicked off with me at 4:30 as well 
and she couldnt go back to sleep either as she had this mornings meeting going over in her mind.
chester:
switchlogic:
What time were you planning to get up at, just out of interest. It’s just I set my alarm an hour before my start time so if that was me I’d have only missed out 30 minutes sleep, which wouldn’t be enough to leave me desperately tired. But everybody is different. Id have gone in but would have had a word with the boss about it.7:30am would have been my start time, it would take me 40mins to get out of bed and to the yard, I was just so angry with them for ringing, as my phone was downstairs, so the call at 4:30am woke me and my partner up. She has her own Business and had an important meeting today, so she kicked off with me at 4:30 as well
and she couldnt go back to sleep either as she had this mornings meeting going over in her mind.
Well, when life hands you lemons. You could of been cheeky and suggested a morning quicky
switchlogic:
What time were you planning to get up at, just out of interest. It’s just I set my alarm an hour before my start time so if that was me I’d have only missed out 30 minutes sleep, which wouldn’t be enough to leave me desperately tired. But everybody is different. Id have gone in but would have had a word with the boss about it.
Tbh, there’s a difference between waking up at the time you planned, even woken up by an expected alarm, to being woken up by a phone ringing before you expected to get up, and especially at half 4.
Most of us would wake with a shock and expect the worst, some bad news etc, not “can you come in 1/2 hr early”…
As I said, I understand where the OP is coming from, but he’s still gonna need a new job.
Just out of curiousity what type of haulier do you work for?? multi-national or the smaller independent type??
Life is about give and take, sometimes people do things that upset us but it is no great deal. One day you may need a favour from your boss, don’t shoot yourself in the foot over this.
If it had been a dog barking or another factor that woke you, who would you complain to then?
Thetaff:
Just out of curiousity what type of haulier do you work for?? multi-national or the smaller independent type??
Sorry cant answer that at this stage. Its a small company with around 60 Drivers, we work Internationally anywhere in the world but its in no way a small business. Iam in no fear of losing my job as health and safety is a primary concern most of the time and I think some will agree with me in the head office. The worst what can happen is I will lose a days pay.
I could do with evidence about interupting drivers rests but my searches are not comming up with anything,