Next problem doh!
Ok, to ensure I get proper weekly rests I’ve told the agency I’ll not work sunday nights if I worked friday night and if I work sunday night I don’t do Friday. All good until;
“can you do 01:30 Am on Monday?”
Erm, as long as I’m done by 5 sat morning I think but only just.
Anyway, as an agency driver, what do I do about the 10hrs rule? Start time is between 00:00 and 4 so falls into it but iirc a workforce can opt out of this one, what about me though!?
If you’re agency I’d be surprised if you haven’t already opted out of it when you signed up with them, in the small print. I remember both agencies I use had it written into their contracts. Also I don’t believe the 10 hours includes breaks or POA (though I may be wrong on that point) so there’s probably another get-out there.
tallyman:
If you’re agency I’d be surprised if you haven’t already opted out of it when you signed up with them, in the small print. I remember both agencies I use had it written into their contracts. Also I don’t believe the 10 hours includes breaks or POA (though I may be wrong on that point) so there’s probably another get-out there.
all agency opt out of 48 hr weekly you would have signed on regestering with agency this only up to 14 weeks i think every week 90 spreadover 14 days this inclodes 2 x 10 hrs drivers hrs
woody90:
tallyman:
If you’re agency I’d be surprised if you haven’t already opted out of it when you signed up with them, in the small print. I remember both agencies I use had it written into their contracts. Also I don’t believe the 10 hours includes breaks or POA (though I may be wrong on that point) so there’s probably another get-out there.all agency opt out of 48 hr weekly you would have signed on regestering with agency this only up to 14 weeks i think every week 90 spreadover 14 days this inclodes 2 x 10 hrs drivers hrs
err…there is NO opt out from the 48 hour week for mobile workers…you can only alter the reference period from 17 weeks to 26…and choose with a workforce agreement to remove the 10 hour nightshift limit…
there is a 60 hour maximum working/driving time limit aswell that is set in stone…breaks/poas not included.
Soo, it’s the agency (well, its workers) that need to have opted out of the 10hr rule, as opposed to their client? Either way, I guess I’m best off checking with them. Up to now it’s not been an issue as I’ve known the runs to be relatively short but the company I’m going to usually have fairly long runs/shifts.
darkseeker:
Next problem doh!Ok, to ensure I get proper weekly rests I’ve told the agency I’ll not work Sunday nights if I worked Friday night and if I work Sunday night I don’t do Friday. All good until;
“can you do 01:30 Am on Monday?”
Erm, as long as I’m done by 5 sat morning I think but only just.
By my reckoning you’ve took 44.5 hrs rest where as you need a minimum of 45 hrs. But you can always take a reduced weekly rest of 24-44hrs every second week.
As for the 10hr rule you’ve most likely signed an opt-out , then only thing you have to find out is weather your company works on a 17 week average or a 26 week average (your company being the agency). This means you can work for longer than 48hrs some weeks but over 17/26 weeks it has to average at 48hrs.
Also POA and breaks you can take away from your working week. So if you done 55hrs work and done 5 hours POA and had 5x45minute breaks(3.45hrs), that is 55hrs - 8.45hrs = This means you done 46 hrs 15 minutes and you are under 48hrs 
You’re right, was only worked out roughly though as it was beside the point. I’ll see what the agency say, a nice steady (ish) start time would be nice!
tallyman:
If you’re agency I’d be surprised if you haven’t already opted out of it when you signed up with them, in the small print. I remember both agencies I use had it written into their contracts.
Most of them are breaking the law in this respect. The opt-out can only be agreed on behalf of all employees BY NOMINATED DRIVERS REPRESENTATIVES or a majority agreeing. An employer cannot decide to implement the opt-out on their own without the signed agreement. Ask an agency to produce this and most can’t so technically if it came to it, they could be done for WTD breaches.
The fact they’ve got it written into their contracts means absolutely sod all. Its just another in a long list of agency terms of employment that are unenforceable.