You are expected to use one of your 28 days a year annual leave for each module.
Also if the course finished at 1600 and your start time for the next day is 0100 (9 hours off) would this be classed as a reduced rest or not as technically you were on holiday.
NewLad:
DCPC training provided by an employer however…
You are expected to use one of your 28 days a year annual leave for each module.
Also if the course finished at 1600 and your start time for the next day is 0100 (9 hours off) would this be classed as a reduced rest or not as technically you were on holiday.
The training is provided at the company premises.
Sounds very dodgy to me.
they cant make you … but on the other hand they don’t have to supply you with any training as re the DCPC.
NewLad:
DCPC training provided by an employer however…
You are expected to use one of your 28 days a year annual leave for each module.Holidays should be time away from company premises, they wouldn’t pay me for any un used holidays.
Also if the course finished at 1600 and your start time for the next day is 0100 (9 hours off) would this be classed as a reduced rest or not as technically you were on holiday.Technically it’s work, he only received the letter yesterday (by post) so can’t give any notice to cancel/say he can’t make it and feels obliged to attend.
The training is provided at the company premises.see above about attending work when on a holiday
Sounds very dodgy to me.
they cant make you … but on the other hand they don’t have to supply you with any training as re the DCPC.
I appreciate and I did say that to my mate although he says whats in red
NewLad:
DCPC training provided by an employer however…
You are expected to use one of your 28 days a year annual leave for each module.
Also if the course finished at 1600 and your start time for the next day is 0100 (9 hours off) would this be classed as a reduced rest or not as technically you were on holiday.
The training is provided at the company premises.
Sounds very dodgy to me.
Hi NewLad,
It might be dodgy.
It all depends on who made the decision to attend, and has nothing to do with who is paying for the course.
Here’s a nice easy test… If you’re on holiday, can the boss tell you where to spend your holiday?
If the boss told you to attend, then it’s not a holiday since you’re obeying a reasonable instruction as per your contract of employment, so the boss can’t have it both ways.
If a driver made the decision to attend AND used a holiday day to do so, then he can book REST for that day, but in other circumstances (like the boss telling a driver to attend) then it counts as OTHER WORK for tacho and WTD purposes.
This was recently clarified by VOSA, or whatever they’re calling themselves lately.
NewLad:
DCPC training provided by an employer however…
You are expected to use one of your 28 days a year annual leave for each module.
Also if the course finished at 1600 and your start time for the next day is 0100 (9 hours off) would this be classed as a reduced rest or not as technically you were on holiday.
The training is provided at the company premises.
Sounds very dodgy to me.
Hi NewLad,
It might be dodgy.
It all depends on who made the decision to attend, and has nothing to do with who is paying for the course.
Here’s a nice easy test… If you’re on holiday, can the boss tell you where to spend your holiday?
If the boss told you to attend, then it’s not a holiday since you’re obeying a reasonable instruction as per your contract of employment, so the boss can’t have it both ways.
If a driver made the decision to attend AND used a holiday day to do so, then he can book REST for that day, but in other circumstances (like the boss telling a driver to attend) then it counts as OTHER WORK for tacho and WTD purposes.
This was recently clarified by VOSA, or whatever they’re calling themselves lately.
I can’t remember how his letter was worded, I’ll ask him if it says you are required to attend.
I do know it says contact Mr X if you are unable to attend, but like I said, he didn’t get the letter until yesterday and his course is tomorrow. He wasn’t originally on holiday he has been told they’ve put a holiday in for him so he gets paid for the day, otherwise he’d be unpaid.
NewLad:
DCPC training provided by an employer however…
You are expected to use one of your 28 days a year annual leave for each module.
Also if the course finished at 1600 and your start time for the next day is 0100 (9 hours off) would this be classed as a reduced rest or not as technically you were on holiday.
The training is provided at the company premises.
Sounds very dodgy to me.
Hi NewLad,
It might be dodgy.
It all depends on who made the decision to attend, and has nothing to do with who is paying for the course.
Here’s a nice easy test… If you’re on holiday, can the boss tell you where to spend your holiday?
If the boss told you to attend, then it’s not a holiday since you’re obeying a reasonable instruction as per your contract of employment, so the boss can’t have it both ways.
If a driver made the decision to attend AND used a holiday day to do so, then he can book REST for that day, but in other circumstances (like the boss telling a driver to attend) then it counts as OTHER WORK for tacho and WTD purposes.
This was recently clarified by VOSA, or whatever they’re calling themselves lately.
I can’t remember how his letter was worded, I’ll ask him if it says you are required to attend.
I do know it says contact Mr X if you are unable to attend, but like I said, he didn’t get the letter until yesterday and his course is tomorrow. He wasn’t originally on holiday he has been told they’ve put a holiday in for him so he gets paid for the day, otherwise he’d be unpaid.
Hi NewLad,
Now we’re back to whether that boss can tell somebody where to spend their holiday.
We’re also back to a reasonable instruction under a contract of employment.
If the boss tells somebody to do something (because he’s the boss) and the worker carries out that instruction, then the worker should really be paid for his time… because he’s ‘at work.’
He must be because he had to carry out an instruction when his boss said so.
Having said all of that, let’s be fair and not forget that it is the driver’s responsibility to get his DCPC sorted, so there might need to be a bit of give and take if the boss agrees to pay for the course.
NewLad:
DCPC training provided by an employer however…
You are expected to use one of your 28 days a year annual leave for each module.
Also if the course finished at 1600 and your start time for the next day is 0100 (9 hours off) would this be classed as a reduced rest or not as technically you were on holiday.
The training is provided at the company premises.
Sounds very dodgy to me.
Hi NewLad,
It might be dodgy.
It all depends on who made the decision to attend, and has nothing to do with who is paying for the course.
Here’s a nice easy test… If you’re on holiday, can the boss tell you where to spend your holiday?
If the boss told you to attend, then it’s not a holiday since you’re obeying a reasonable instruction as per your contract of employment, so the boss can’t have it both ways.
If a driver made the decision to attend AND used a holiday day to do so, then he can book REST for that day, but in other circumstances (like the boss telling a driver to attend) then it counts as OTHER WORK for tacho and WTD purposes.
This was recently clarified by VOSA, or whatever they’re calling themselves lately.
I can’t remember how his letter was worded, I’ll ask him if it says you are required to attend.
I do know it says contact Mr X if you are unable to attend, but like I said, he didn’t get the letter until yesterday and his course is tomorrow. He wasn’t originally on holiday he has been told they’ve put a holiday in for him so he gets paid for the day, otherwise he’d be unpaid.
Hi NewLad,
Now we’re back to whether that boss can tell somebody where to spend their holiday.
We’re also back to a reasonable instruction under a contract of employment.
If the boss tells somebody to do something (because he’s the boss) and the worker carries out that instruction, then the worker should really be paid for his time… because he’s ‘at work.’
He must be because he had to carry out an instruction when his boss said so.
Having said all of that, let’s be fair and not forget that it is the driver’s responsibility to get his DCPC sorted, so there might need to be a bit of give and take if the boss agrees to pay for the course.
My mate has given me a call on his lunch break today and said that to add insult to injury he was on the course with 3 people from other depots (same company) who were being paid a ‘training day rate’ of about £70, this is less than a holiday or a days wage for him but he would keep the holiday.
Apparently the company trainer said he was under the impression that the day should be paid as a training day too.
Suffice to say he’s contacting head office hr tomorrow.
There is also possibly the little matter of whether this is a DCPC lecture for 2014-2019 or perhaps for someone who is late with his 2009-2014. If it is the latter and as it appears now the company is saying that the day is being classed as holiday so the driver does not lose money, then perhaps someone should be thankful that they still have a job.