Who’s decision is it to work past 13hours

Harry Monk:
It’s the employer’s right to decide that the employee can work a 15 hour day, and it’s the employee’s right to decide to get a different job. :wink:

WRONG just the employees

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Sutto2018:

Harry Monk:
It’s the employer’s right to decide that the employee can work a 15 hour day, and it’s the employee’s right to decide to get a different job. :wink:

WRONG just the employees

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I’m assuming from the clarity of your answer you now have some legal clarification of your opening question?

muckles:

Sutto2018:

Harry Monk:
It’s the employer’s right to decide that the employee can work a 15 hour day, and it’s the employee’s right to decide to get a different job. :wink:

WRONG just the employees

Sent from my iPhone using Tapatalk

I’m assuming from the clarity of your answer you now have some legal clarification of your opening question?

Not really no nothing at all in black and white just peoples opinions, I’ve received a lot so far, I’m currently on an investigation for refusing to work past my 13hours they asked me wether it was unreasonable, under my current circumstances I said it was, they gonna get back to me.

Also they asked me to work past my 13 today, I asked what time is delivery they said 0600 in morning so I’ve turned round and said I’ll go home tonight and leave in morning I’ll be at customers for 1000. Nothing more said YET…

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Sutto2018:

Harry Monk:
It’s the employer’s right to decide that the employee can work a 15 hour day, and it’s the employee’s right to decide to get a different job. :wink:

WRONG just the employees

No, it’s not wrong, or even WRONG in big letters.

If I own a transport company and I have work which requires a driver to work 15 hour days, and I make this clear at interview and in the contract of employment, then that driver has to work 15 hour days, and if he decides he won’t after starting the job then he is in breach of contract and I can quite legally sack him.

For the record, I don’t own a transport company, I’m an agency driver and I moan when I have to do a 12 hour shift but that’s the legal position.

Harry Monk:

Sutto2018:

Harry Monk:
It’s the employer’s right to decide that the employee can work a 15 hour day, and it’s the employee’s right to decide to get a different job. :wink:

WRONG just the employees

No, it’s not wrong, or even WRONG in big letters.

If I own a transport company and I have work which requires a driver to work 15 hour days, and I make this clear at interview and in the contract of employment, then that driver has to work 15 hour days, and if he decides he won’t after starting the job then he is in breach of contract and I can quite legally sack him.

For the record, I don’t own a transport company, I’m an agency driver and I moan when I have to do a 12 hour shift but that’s the legal position.

It doesn’t and shouldn’t state in contracts you have to work upto 15 hours it does state , as and when required so that can stipulate anything I won’t be forced to do it so ■■■■ em

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Sutto2018:

Harry Monk:

Sutto2018:

Harry Monk:
It’s the employer’s right to decide that the employee can work a 15 hour day, and it’s the employee’s right to decide to get a different job. :wink:

WRONG just the employees

No, it’s not wrong, or even WRONG in big letters.

If I own a transport company and I have work which requires a driver to work 15 hour days, and I make this clear at interview and in the contract of employment, then that driver has to work 15 hour days, and if he decides he won’t after starting the job then he is in breach of contract and I can quite legally sack him.

For the record, I don’t own a transport company, I’m an agency driver and I moan when I have to do a 12 hour shift but that’s the legal position.

It doesn’t and shouldn’t state in contracts you have to work upto 15 hours it does state , as and when required so that can stipulate anything I won’t be forced to do it so [zb] em

It does state in every single HGV driving contract that you can be required to work up to the maximum permissible legal hours.

I’m not arguing with you that nobody should have to work a 15 hour shift in this day and age.

In this day and age it is madness to work crazy split shifts with 15hr days but until DVSA or The TC’s get govt to change the laws companies will write contracts that push you to the ragged edge.
You can always stack shelves or become agency or buy your own unit !
Or retire …
Or moan on here.
It won’t get better any time soon for most that’s for certain.

Sutto2018:

muckles:

Sutto2018:

Harry Monk:
It’s the employer’s right to decide that the employee can work a 15 hour day, and it’s the employee’s right to decide to get a different job. :wink:

WRONG just the employees

Sent from my iPhone using Tapatalk

I’m assuming from the clarity of your answer you now have some legal clarification of your opening question?

Not really no nothing at all in black and white just peoples opinions, I’ve received a lot so far, I’m currently on an investigation for refusing to work past my 13hours they asked me wether it was unreasonable, under my current circumstances I said it was, they gonna get back to me.

Be careful relying on peoples opinion when dealing with legal stuff, there has been many a court case lost because somebody thought theirs and others opinion on a matter was correct, instead of having proper contracts.
I would say as there is nothing in the regs to say whose decision it is, until it’s tested in court it’s down to what is written on the contract of employment or what is standard operating procedure in the company. So it’s down to who has the better negotiating position, drivers or employer.

Exactly. “Nobody should have to work a 15 hour shift” and “An employer cannot make you work a 15 hour shift” are two entirely different animals.

The easiest solution for anybody forced to work hours in excess of those they wish to work is to find a better job.

Sutto2018:

muckles:

Sutto2018:

Harry Monk:
It’s the employer’s right to decide that the employee can work a 15 hour day, and it’s the employee’s right to decide to get a different job. :wink:

WRONG just the employees

Sent from my iPhone using Tapatalk

I’m assuming from the clarity of your answer you now have some legal clarification of your opening question?

Not really no nothing at all in black and white just peoples opinions, I’ve received a lot so far, I’m currently on an investigation for refusing to work past my 13hours they asked me wether it was unreasonable, under my current circumstances I said it was, they gonna get back to me.

Also they asked me to work past my 13 today, I asked what time is delivery they said 0600 in morning so I’ve turned round and said I’ll go home tonight and leave in morning I’ll be at customers for 1000. Nothing more said YET…

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Great attitude, bet you’re a real asset to the company.

switchlogic:

TheUncaringCowboy:
I’d happily work 15s every day of the week, if only it were allowed.

15 isn’t enough sometimes, as for 9 off sometimes that’s too long. Much better just to do it as you want to.

At the end of the day you’re employed to do a job and you are legally allowed to work for 15 hours in a day. I don’t think it’s an unreasonable request for your management to plan you to work it.

Ahhhhh i used to be just like you! Then one day I woke up and realized 15 hour working days are insane

I don’t think they’re insane at all, I’ve done much harder work with longer shifts in the past.

I enjoy my job and I’d much rather do 15 hours of it than 8 hours in an office or dealing with the public for example.

This post is a typical example of what little people know about the job they do and why its a dog eat dog business as was said above turkeys

It does state in every single HGV driving contract that you can be required to work up to the maximum permissible legal hours.

I’m not arguing with you that nobody should have to work a 15 hour shift in this day and age.
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In that case you contract should say you are guaranteed mega hours every week worked or not, any person who signs a one way contract like that is living in the past just like most of the posts here

The legislation

Just read through this thread and here is the summary of the greatest TN member ever. (That’s me by the way :sunglasses: )

The cowboy with a lack of empathy is correct. There are some feckless bone idle knobs in this country. But the real answer is this…backbone. It is pointless comparing opinions when the legislation is there in black & white for all to see. 15 hours are legally allowable which is acknowledged, however the decision on 15 or 13 hours is completely open to interpretation.

If you ’ do your bit ’ in terms of helping your firm out, this should be noticed by your gaffer, and as someone else pointed out it’s a game of give & take. Planners are not interested in our welfare, they are simply motivated by load movements. If you think that your shift looks like a 15 hour jobbie, you have a choice-do it or tell them that you will not. If you are appreciated at all, some compromise would usually be found. However if you are a militant type, you must expect to be in for some crap shifts. Payback is human nature :wink:

What doesn’t help is those drivers on a crap wage who need to batter the hours to pay the bills. Or indeed the greedy drivers who just love getting every pound they can.

As for the OP, it simply is a case of find out & see. If you are wanted by the company you will be OK. If they sack you, so what? Plenty of truck driver jobs going, just go and get another one. There is NO definitive answer to the original question at all but the best defence in the ’ real ’ world is the tiredness card :bulb: Sadly truck drivers will not stick together, and that is the biggest problem.

nightline:
It does state in every single HGV driving contract that you can be required to work up to the maximum permissible legal hours.

Not in mine it doesn’t.
It says “A reasonable amount of overtime”.

Steve66:

nightline:
It does state in every single HGV driving contract that you can be required to work up to the maximum permissible legal hours.

Not in mine it doesn’t.
It says “A reasonable amount of overtime”.

Same as mine. Which, as they pay OT rates after 8 hours, is very handy if I ever need an early finish.

I accept it doesn’t specifically state who makes the decision, but if you read the relevant legislation you will see that after the paragraphs about 9/10 hour drives and 9/11 hour Rests, it puts the onus on “transport undertakings” to schedule work so that the earlier paragraphs can be complied with. In other words it appears that the company makes the decision…

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As long as you are not too tired to drive, just crack on, There will be days when you finish before your max hours, and sometimes even shorter days. Margins are usually tight and getting the job done may be the difference between your boss making a profit or not. No profit for him, no job for you

Steve

Another aspect of all this…I’d me more ■■■■■■ about having to do 15 hours if I was doing rdc work, which is rare for me nowadays…thank Christ.
We all know how they ■■■■ you about, and I’d be thinking along the lines of. ‘‘Why tf should I have to do extra hours just to counteract some 2hat’s incompetence who goes home after his 8 hour shift after messing me about for x no of hours’’ :smiling_imp:
There was a golden opportunity to sort it when wtd came about, but the supermarkets were appeased with the use of poa enabling to work those extra hours after all.
Just saying.

We will always have over long working days for as long as some firms (and some drivers :unamused: ) look upon max hours as weekly targets instead of limits.