Is tipping on break classed as gross misconduct?
It’s illegal so I’d say it fits in that category.
Edit: Does depend on circumstances though. I took “tipping” as you’re doing something rather than “being tipped” where you’re sat about waiting for someone to do it for you.
I was tipped on break today. Walked around with an energy drink and packet of crisps as I couldn’t do anything else whilst the fork lifts are tipping me. It was only a 15. Then I had a 45 at Rownhams. If your on a bay surely you can have your break whilst being tipped. I’ve had a break whilst being loaded on a bay too. It’s that or POA.
Depends on what you`re doing.
If you are in the back with a pump truck, or doing paperwork, that is work and is illegal.
If you are sat in the cab or in a tea-room, whilst someone else is in the back, nowt wrong.
Bloke at are place a few months ago got the sack for loading/tipping on break then we all got a letter saying that regular checks would be carried out and if we were found to be taking breaks while loading/tipping we would also be down the road.
Firms who value their O licences will not mess about if you are working on break.
Juddian:
Firms who value their O licences will not mess about if you are working on break.
OP is asking about tipping on break not working on break, be specific man 
If we’re in the yard delivering to a store we cannot have a break, as it’s classed as work as we’re not free to dispose of our time, despite being sat trapped in the cab doing nothing while the forklift is tipping the trailer. We can stop the forklift from working IF they’re taking too long to unload and it’s running into the 6/9hr WTD limit to enable me to take a break.
But generally I take a 15 before I arrive at the 1st store, and 30 on the return journey or when I’m close to 4hrs if I’m doing a 2nd store.
We also can take a break if we’re sat in the RDC as we’re not trapped in the cab. In this scenario we are usually trunking to another depot 4hrs away, or doing 2-3 trunks to a local depot or 2 trunks to Manchester where canteen facilities are available
Couple of…
Years back, everything went to rats. No unit, traffic delays and 40 minutes to get into the tip. I tipped it on a break and then pulled outside, climbed on the bunk and showed 50 minutes other work.
peirre:
If we’re in the yard delivering to a store we cannot have a break, as it’s classed as work as we’re not free to dispose of our time, despite being sat trapped in the cab doing nothing while the forklift is tipping the trailer. We can stop the forklift from working IF they’re taking too long to unload and it’s running into the 6/9hr WTD limit to enable me to take a break.
But generally I take a 15 before I arrive at the 1st store, and 30 on the return journey or when I’m close to 4hrs if I’m doing a 2nd store.
We also can take a break if we’re sat in the RDC as we’re not trapped in the cab. In this scenario we are usually trunking to another depot 4hrs away, or doing 2-3 trunks to a local depot or 2 trunks to Manchester where canteen facilities are available
Being free to dispose of your time is a requirement for daily Rest periods, not breaks. Provided you are not required to do any work then being “trapped in the cab doing nothing” while forkies etc do their stuff is not an issue and the time can be classed as Break.
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isteve:
Is tipping on break classed as gross misconduct?
I think you may need to elaborate on the story to get a better answer.
If your fast asleep on the bunk then no, if your up and down the tail lift pulling cages off then yes.
Anything that is illegal is likely to be gross misconduct.
Working through break is illegal so is misconduct.
Sitting in a cab whilst someone else tips, is not illegal.
However gross misconduct can be things that arent illegal. (Running out of fuel because you didnt check it).
If company rules are specific about when you can/can`t take a break, then maybe you are perfectly legal, but in breach of company rules.
It might be gross misconduct.
As said already, if you are sitting on a bay, on a red light, while someone else trundles into the trailer pulling the pallets off then that’s “break” all day long.
When I started out, you used to get the sack if you didn’t do things which were illegal. 
Companies finding you quilty of gross misconduct for tipping on break , I’d of said 99% of the companies / managers /planners I’ve worked for would more likely want you to do it
I’ve done it when it suited me , salary , fri want to get home , I’ve never had a word said to me about it , not once
Only time I’ve ever thought I could be in trouble was morr sittingbourne , when I did chilled ( years ago ) would go in warehouse to strip down , came out & there were vosa in waiting area , no idea why , I didn’t hang about to find out , but that’s the only time I’ve ever seen them , yet you listen to some drivers & there at Lidl / Aldi every other day .
This is more likely to be some drivers frightened to do it , ■■■■■■ off some are , so comes up with some story about drivers being disciplined/ sacked for tipping whilst on break , as I say in decades I’ve never had a word said to me , I don’t do it every day , but if it’s the difference between getting home or not I will
Nb most firms love sticking up notes everywhere about don’t do this / don’t do that all over the t/o / canteen , every bloody where , yet I’ve never seen one about dont tip on break , you’ll be up on a charge of gross misconduct, says it all
Working stuff to make life easier for yourself.
I never use POA always break and I always make sure I have a proper break but if I have to put it on to push my time on until I can get somewhere I want to have it then I won’t hesitate to slip one in whilst sat somewhere waiting to be tipped/Loaded…
Roymondo:
peirre:
If we’re in the yard delivering to a store we cannot have a break, as it’s classed as work as we’re not free to dispose of our time, despite being sat trapped in the cab doing nothing while the forklift is tipping the trailer. We can stop the forklift from working IF they’re taking too long to unload and it’s running into the 6/9hr WTD limit to enable me to take a break.
But generally I take a 15 before I arrive at the 1st store, and 30 on the return journey or when I’m close to 4hrs if I’m doing a 2nd store.
We also can take a break if we’re sat in the RDC as we’re not trapped in the cab. In this scenario we are usually trunking to another depot 4hrs away, or doing 2-3 trunks to a local depot or 2 trunks to Manchester where canteen facilities are availableBeing free to dispose of your time is a requirement for daily Rest periods, not breaks. Provided you are not required to do any work then being “trapped in the cab doing nothing” while forkies etc do their stuff is not an issue and the time can be classed as Break.
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I’m guessing in Peirres case this is a company policy type of thing. As far as the authorities go then as long as you are not doing anything that is classed as “work” that is fine and you are not breaking any laws or rules.
We had one of the office guys at our place saying we could “not” have a break if on a bay being tipped/loaded because it was illegal and the “free to dispose of your time” thing came up. Turns out he had heard this on a CPC course as our place sends the office guys/girls on them as well, plus it’s not normally an issue in my job as its own account supermarket type stuff that is usually drop and swap at other depots but I did raise a smile at the lack of knowledge on this from a supposed CPC trainer.
tmcassett:
I’m guessing in Peirres case this is a company policy type of thing.
You are correct.
Besides as a limper paid by the hour I see no reason to take a break in the yard, if I did I’d earn less money
peirre:
tmcassett:
I’m guessing in Peirres case this is a company policy type of thing.You are correct.
Besides as a limper paid by the hour I see no reason to take a break in the yard, if I did I’d earn less money
I think there are two schools of thought on it down south (Swindon), I don’t recall coming across anything that definitely prohibits it, but some drivers are (rightly) steadfast that they choose the time and location of their breaks to suit them.
There was a brief addition to the paperwork that suggested arranging a signalling method to the flt to warn him about anyone moving into the workspace, which I raised issue with as once the curtains and straps are cleared I’d be getting a 15 or 30 in before they need me again.
With no overtime kicking in I often find its easier to get breaks done if I can while being unloaded, if I want 30 min later to eat I will do that on the drive back.
isteve:
Is tipping on break classed as gross misconduct?
Well, are you going to elaborate so you can get the correct answer? Was you tipping it yourself, was you undoing straps, curtains etc or was you sat on your backside in the lorry, by the way you don’t need to be in the passenger seat either to be on a break as some people might insist is the law
It’s like anything else in life either being illegal or legal… it’s all.about getting caught or not.
If your 6 hours or 4 and half driving is up and you are caught working/tipping,.you’re basically rubber ducked.
If you are booked on break mode before these hours are lapsed, you have the argument that you’ve…
‘‘Selected the wrong mode sorry guv’’. 
I’m like the other guy,.I don’t look upon breaks as something you need to.‘‘get in and show’’, I’ll tip on break when it sometimes if it helps,but I always go on to have a ’ proper ’ and genuine break when it suits me.