Was faced with a verbal warning today regarding my conduct about lunch breaks , had no idea this was happening , had been in work about ten minutes & was putting my water proofs on when I was asked by the manager to go upstairs for a chat , he had the sales rep with him who remained silent throughout, anyway he had my contract of employment in front of him which is just a general contract for a 40 hour week, not worth the paper its printed on to be honest , he began by saying there’s a few issues he wants to raise with me regarding timing , first being my start time ( I’m contracted for 40 hours Monday to Friday 8am to 430pm, half hour lunch) apparently I need to be there at 745 to check vehicle secure load & out the gate at 8 not in at 8 check vehicle secure load & out about 8.10 . Also my contract states that I’m entitled to a 30 minute unpaid lunch break & I take the ■■■■ with that most days ! His words , sometimes I come back in the yard after a morning run & I’m having lunch for about 45 mins ! Now I’m to go on lunch when I’m told to take it & it will be timed,
Ok so I don’t drive for a full 9 hours a day but I do drive for more than 4.5 a day , a typical day could be out the yard by 810 drive for 30 unload using hiab for 10 drive for 20 unload for 20 drive for 30 unload for 10 drive for 10 unload for 15 drive for 30 unload for 20 drive for 60 back to yard so that’s 3 hours driving 65 unloading back at yard for 1215 , at which point I go in for to sort paperwork & cash , may get told to have lunch so put it on break , go make a cuppa, use the toilet have lunch all in all 45 mins , during this time the lorry gets loaded for the after noon where the run may be similar & back to yard for around 430 ,all drops get done , am I in the wrong ? Sometimes when the lorry is on break it will get moved across the yard whilst being loaded , only a few feet & less than a minute , previous driver had a falling out about the lunch break & other things & subsequently left , this is the same manager I have had previous trouble with bit somehow he is now an area manager & I feel he’s trying to assert his authority in the wrong way , I had to consider it a warning today !
If you’re doing more than 4 1/2 hrs driving then yes you need 45 min break. Nobody should move your wagon if your card is in. If your start time is 8.00 then you shouldn’t start before, I’m guessing you’re young and naive but take it from me he’s trying it on.
You could have some fun with this. If he tells you when to take your break and how long then you could potentially come unstuck in the afternoon with your driving hours? If he wants you to start at 7.45 then he’s changing your contracted hours, he’s expecting you to finish 15 mins earlier or not? I’d probably just tell him to plan my day out for me so it fits the regs and his needs, something that might have him scratching his head !
Check through Kemaro’s other posts - remember that he works for a builder’s merchants and he had to deal with abusive depot managers and runaway forklifts?
Poor chap - I might feel sorry for him if I could stop sniggering…
bald bloke:
If you’re doing more than 4 1/2 hrs driving then yes you need 45 min break. Nobody should move your wagon if your card is in. If your start time is 8.00 then you shouldn’t start before, I’m guessing you’re young and naive but take it from me he’s trying it on.
I’m 32 and been at it for nearly ten years , been at the same place for 3 years , manager is a bell end & has no idea of rules & development surrounding drivers , he once told me if you can the mitsubishi canter in somewhere & turn it round you can get the lorry in , I said ok! The manager took a dislike to me in the first month & was hard work ever since , I’ve still no idea why , since he got his extra stripe he’s an even bigger coco , shirt tie & attitude now , ironic thing is I had 35p an hour payrise on Friday so can’t be doing that bad …
bald bloke:
If you’re doing more than 4 1/2 hrs driving then yes you need 45 min break. Nobody should move your wagon if your card is in. If your start time is 8.00 then you shouldn’t start before, I’m guessing you’re young and naive but take it from me he’s trying it on.
I’m 32 and been at it for nearly ten years , been at the same place for 3 years , manager is a bell end & has no idea of rules & development surrounding drivers , he once told me if you can the mitsubishi canter in somewhere & turn it round you can get the lorry in , I said ok! The manager took a dislike to me in the first month & was hard work ever since , I’ve still no idea why , since he got his extra stripe he’s an even bigger coco , shirt tie & attitude now , ironic thing is I had 35p an hour payrise on Friday so can’t be doing that bad …
Tell him to write the word ASSUME down! Then tell him to split it into three, if he that clever! ■■■/U/ME then ask him who’s the ■■■? U or me? Assumption is the fother of all muckups!
Easy peasy, you go on lunch when your told and have your half hour, when you run out of driving time in the afternoon just ring the office and say your having another legally required half hour which you expect to be paid for. As for the truck being moved around whilst on lunch, select break, eject card, when you come back off lunch insert card and do a manual entry to cover your half hour, you could do a printout as well, imagine how many rolls of tacho paper your gonna go through.
OR
You call a meeting with the bell end to sort it out and try explaining the tacho rules suitably armed with a copy of GV262, maybe even ask him to come and sit in on a dcpc course on tacho hours, if he’s unwilling then put the ball in his court and get him to plan your day, but don’t do anything that causes you to run bent. If he is unwilling then have a chat with the companies compliance manager/CPC holder, if that doesn’t work then raise a formal grievance. Oh and keep a diary
PS you didn’t accept the verbal warning did you? What company is this? PM if you like.
bald bloke:
If you’re doing more than 4 1/2 hrs driving then yes you need 45 min break. Nobody should move your wagon if your card is in. If your start time is 8.00 then you shouldn’t start before, I’m guessing you’re young and naive but take it from me he’s trying it on.
I’m 32 and been at it for nearly ten years , been at the same place for 3 years , manager is a bell end & has no idea of rules & development surrounding drivers , he once told me if you can the mitsubishi canter in somewhere & turn it round you can get the lorry in , I said ok! The manager took a dislike to me in the first month & was hard work ever since , I’ve still no idea why , since he got his extra stripe he’s an even bigger coco , shirt tie & attitude now , ironic thing is I had 35p an hour payrise on Friday so can’t be doing that bad …
He’s a ■■■■■
Taking the ■■■■. I’d insist on everything in writing. Then tell him to go ■■■■ himself…he’s bang out of order.
There are better jobs and firms out there mate. Don’t let the ■■■■■■■ take the ■■■■ out of you.
bald bloke:
There are better jobs and firms out there mate. Don’t let the [zb] take the ■■■■ out of you.
Is he called Tommy Two Tapes now? Joking aside cover your A$s! These comedians who masquerade as transport managers WILL stitch you up! Get it in writing, with his autograph on it, if you’ve an iPhone take pictures of any stupid destructions he puts his name to in the drivers room/ canteen and invest in a dictaphone and record the threatening barsteward! You’ll be amazed how quick this will snowball, as the other geezer kept his mouth shut, you’re on a slippery slope outta there! start job hunting fella!
kemaro:
Sometimes when the lorry is on break it will get moved across the yard whilst being loaded , only a few feet & less than a minute
That is illegal. I’m quite surprised if you’ve been driving for close to 10 yrs, that you’d allow them to do that at all, let alone on a regular basis.
Start 15 mins early and then add that extra 15 mins to the lunchtime break making it a 45
Tell boss that this way he will be getting an extra 15 mins free because if driving over 4.5 hours then you will need to take 15 + 30 to be legal
Ist way you have all the 45 in one go and start 15 mins early - company get 15 mins free
2nd way you start at normal time but take a total of 45 mins off (15 + 30)
Either way 45 mins off is taken but the company get the better deal in the 1st idea
Of course you could simply stick rigidly to the contract and start at 0800, take 15 in the morning then 30 at lunch
Post editted because I am a numpty - see posts below
Start 15 mins early and then add that extra 15 mins to the lunchtime break making it a 45
Tell boss that this way he will be getting an extra 15 mins free because if driving over 4.5 hours then you will need to take 30 +15 to be legal
Ist way you have all the 45 in one go and start 15 mins early - company get 15 mins free
2nd way you start at normal time but take a total of 45 mins off (30 +15)
Either way 45 mins off is taken but the company get the better deal in the 1st idea
Of course you could simply stick rigidly to the contract and start at 0800, take 30 at lunch then 15 in afternoon
Go stand in the corner Rog and face the wall and don’t turn round till your told , I’m not going to tell you why, you know why
What happens when I go out in the morning in the lorry , do three hours driving , get back , go out in the van do two hours driving , get back go out in the lorry do 2 hours driving or go out in the van again or start the day in the van do 2 or 3 hours then out in the lorry for a few hours driving ?
kemaro:
What happens when I go out in the morning in the lorry , do three hours driving , get back , go out in the van do two hours driving , get back go out in the lorry do 2 hours driving or go out in the van again or start the day in the van do 2 or 3 hours then out in the lorry for a few hours driving ?
You would have to have a 45 minute tacho break the second time you go out in the truck once you’ve driven 1.5hrs.
TBH, it is time for “work to the rules” time. If you’ve not done a manual handling course through work, refuse to lift anything. Drive to the rules. As said, 15-20 minutes minimum for vehicle walk round and load security check. If there’s even one blown bulb, refuse to take the vehicle out until its rectified. Follow the procedures as laid down when you did your hi-ab course when unloading at clients - i.e park off site, do a site inspection etc etc. Don’t load the vehicle in the yard when there’s customers walking about etc. Do everything absolutely to the book as laid down by H&S. Do not exceed speed limits etc. Don’t forget to be back in the yard by 4pm so you can do your end of duty vehicle checks and paperwork…
And when he’s tearing his hair out because you’re only getting half the work done, point out that you are working to the letter of the law and all applicable rules and point out it doesn’t look good if you give someone a disciplinary for following the rules to the letter.
kemaro:
What happens when I go out in the morning in the lorry , do three hours driving , get back , go out in the van do two hours driving , get back go out in the lorry do 2 hours driving or go out in the van again or start the day in the van do 2 or 3 hours then out in the lorry for a few hours driving ?
Assuming that you’re talking about a small van that doesn’t come in-scope of EU regulations the van driving time counts as other work and should be manually entered as such on your chart/tachograph.
■■■/U/ME 
then ask him who’s the ■■■? U or me? Assumption is the fother of all muckups! 
start job hunting fella! 
