Can anyone say for certain what the law is regarding breaks being deducted?
Ive just worked two shifts with a new agency, ADR, and each shift was roughly the same. Thats two 12 hour shifts.
The client plans out your entire shift including breaks. They have deducted two breaks,90 mins, per shift.
During the 12 hours I only did driving and other work enough to legally require one 45 min break as in any normal day. My argument is that any other downtime is due to the clients day plan and not a legal requirement therefore is classed as POA.
You’re basically waiting between collections as everything is timed.
Doesn’t seem right that they’re basically not paying you for making you wait. Ive always been paid before even if I did take a second 45 as needed during a shift, only the first 45 has ever been deducted.
There’s no law that I’m aware of that says breaks have to be paid for, however I’ve worked for a few agencies at different companies and never had more than 45 minutes stopped for breaks.
To be honest, unless you agreed to having the time stopped before you started the work, which I assume you never, I’d tell the agency I expect to be paid for any breaks after the first 45 minutes.
I never worked anywhere where breaks weren’t deducted even under the supposedly most militant 1970’s factory regime.It’s what seperated hourly paid staff from salary.IE 8am-5pm hourly 9am-5pm salaried.
However you seem to be describing a situation in which they are deducting waiting time from your pay not break.Which is something totally different .
You were planned for two breaks, you decided to ignore their plan and took one. You’ve worked 45 minutes for free.
There is no legal right to be paid or not paid for breaks, it is up to the employer and an employer can dictate when you take those as long as it is within the law.
On a personal note though if I work somewhere who deduct breaks I make damned sure I’m nowhere near my wagon and they can go whistle for that 45 minutes if they want me to do something.
Royal mail tend to not like paying for the whole duty (minus 45m) however they pay around £19 an hour. They (with agreement of the union) have longer times for breaks depending on the duration of the duty.
They occasionally have duties where there is a 15 minute break near the end of the shift for no reason other than a 45 was needed earlier and in order to make it up to 60m add 15m.
DriverNumber1:
The client plans out your entire shift including breaks.
Whilst not…
Against the law, no one except you should be planning your breaks.
I have only ever had 45 minutes deducted by every agency I’ve worked for over the last 20 years or so. With the rare exception of those that paid all the way through.
Check your contract, you may well have signed up for this without knowing.
Bottom line, getting deducted more than 45 minutes per shift ■■■■■ and you should be throwing dog turds at the office of who ever is ■■■■■■■■ you.
The beauty of agency work, and one of the benefits which cancels out the negatives, is that if you don’t like working for the client they send you to then you just phone them up and say “Err, I won’t be working there again”. I’d suggest that you tell them that you are only prepared to have the first break deducted and if they want you to continue working for that client then it is on that basis.
peirre:
Having 2x 45mins deducted would mean you have done a 10hr drive each day worked
Not necessarily 10 hour drive, been from heathrow to Park Royal 25 minute drive (on a good day) have 45 minute break while vehicle loaded prior to the 4 hour drive to Warrington having second 45 minute break there prior to the drive back to Park Royal for third 45 minute break before driving back towards heathrow… it could occasionally be done in under 9 hours in which case a single 45 minute break could suffice but this is a rarity. Made the mistake of not taking the first 45 minute break the first day I had this duty then had to have a break near to Warrington as I was running out of hours, plus they don’t like you having non scheduled breaks for some reason…
