Pay Dispute

I would like to find out if any driver has had their pay deducted for a break.My "current"employer is now refusing to pay drivers for the 45/90 minutes, legally required,tacho break.

Hi Jonny, welcome along, unfortunately your employer does not have to pay you for breaks.

Very few jobs do you get paid for breaks, I’ve never done a job, not just in transport, where I was paid for my lunch hour.

I know of 1 company who do pay right through the shift, and another that only deducts half an hour over the whole day, but they are a rarity. The rest I have ever worked for, do not pay you for having a break, and are not obliged to do so.

Ken.

and as such, you are free to leave his loaded wagon unattended during your break :wink:

pete-b:
and as such, you are free to leave his loaded wagon unattended during your break :wink:

So so true. :wink:

jonny2dogs:
I would like to find out if any driver has had their pay deducted for a break.My "current"employer is now refusing to pay drivers for the 45/90 minutes, legally required,tacho break.

Were you previously paid for your breaks?

If so, is it in your contract of employment that you will be paid breaks?

If it is, and you haven’t signed a new contract then it is likely your employer is now making unlawful deductions from your wages…of course, if it isn’t in your contract you may be able to argue “custom and practice” if you have always been paid for your breaks…

In times gone by when the tacho break was only 30 minutes, you would get only 30 minutes deducted.
When the tacho break was increased to 45 minutes, for a few years afterwards some employers would still only deduct 30 minutes. Nowadays it seems the norm to have 45 or even 60 minutes deducted for
breaks, but any employer who deducts 90 minutes ( 2 x 45 min. breaks ) is taking the ■■■■.

only take one breake then

nick2008:
only take one breake then

well if you are doing a ten hour drive you got to have two breaks of 45

We get paid for our breaks, as do the warehouse staff. But I can’t think of anywhere else I worked where we were paid for meal breaks. In the warehouse at Tesco we got 2x15 minute paid and 1x30 minute unpaid but I think the paid breaks only counted because it was a chill.

Well first off as has been said, you need to look at your employment contract. If it’s in there then it constitutes a change in your terms and proper channels have to be gone through to get it changed, which can be done.

We pay all the way through for breaks and only a small firm.

We always have 60 mins total breaks only knock 30 mins off.If ever have to take extra 45 for 10 hour driving day would get paid thru.Any boss taking 45 or 90 off wages is squeezing hard, do you get any gloves, coat, boots or owt ?

With the WTD it is technically illeagal for a Co to pay for rest periods unless on salaried pay, where payment is guarenteeded regardless of hours worked.
ie: ■■■■ up side salaried for 45 hrs, actually do 50hrs, deduct 5*45 mins you have done 1.25 hrs voulantary work,
Good side do 35, no breaks deducted 10 hrs up.
read your contract, but will bet you take breaks at your own cost, that is why I never did 10 hrs to get back to the yard. (exept fridays)

duracell:
With the WTD it is technically illeagal for a Co to pay for rest periods unless on salaried pay

Pay and the WTD two are seperate issues.
A driver may get paid 8 hours for a shift but only WORK 6 of them - only 6 hours will go for the WTD

A company could pay a driver by the hour for 24 hours a day if they wanted to (should be so lucky!!) but only the actual hours worked would count for the WTD or RT(WTD)R in the case of mobile workers such as LGV drivers

Was about to say something stoopid :blush:

duracell:
With the WTD it is technically illeagal for a Co to pay for rest periods

Nonsense, a company could give you the day off with pay to bring down your average and it would count for zero hours toward the WTD and would be legal.

the wtd states that if you are off for one day holiday sick etc you must put in 8 hours
if you are off for one week holiday sick etc then 48 hours go in

happyweetrucker:
the wtd states that if you are off for one day holiday sick etc you must put in 8 hours
if you are off for one week holiday sick etc then 48 hours go in

A total of 20 days per year count towards your wtd average at 8 hours per day. Any days after this count as zero. So given that the holiday for full time workers is now 28 days per year, you get 8 days free gratis towards the wtd right there usually paid for. :wink:

we are getting technical now
i did not read where he said he had used all his holidays
its only april