Hi Guys,
Need some help with an issue i am having with my current employer who has been trying to force me to work weekends.
Long story short I requested working time information, which at my current employment is not readily available to drivers.
After been given the run around i finally got my current reference period info which ad me running at 50hours average about halfway though the period, at my insistence has now been addressed and I am currently at just under 48hours.
I also managed to get the last reference period information which was 48hours 57mins over the reference period.
I have also asked for the information for the periods prior to this, again i have been given the run around by my TM and today i got an email from him saying
“To be clear I won’t be providing historical WTD information as this is not a reasonable request.”
My understanding is that it is a legal requirement for my employer to give me this info on request under working time regulations, I also believe that under freedom of information/data protection I have the right to request any information held on me by the company.
So my question is am i correct? If so how do I put this to my employer to compel them to provide the info, and if they still refuse who recourse to I have in order to get the information?
I am pretty sure that the info will show me as being above the 48h limit of most if not all of the reference periods, otherwise there would be no reason to withhold the figures from me. Knowing how the company operates and the workload placed on all drivers it is reasonable to assume that a majority of drivers would be running over the 48h limit. Is this normal?
Thanks
Dave
Monitoring of the WTD over the reference period is up to the employer not the employee. They really have to keep you under 48 hours average. As for whether you have a right to any of that data and or historically not really sure. As for historical records again not sure you would be entitled to them either. If you request your current reference period then I see no reason for them to refuse. However asking for the previous one and them some even further back, I imagine the employer is now thinking why does he want to go back that far,what is he going to do with that information? This is why you should keep an eye on it as a driver so an employer cannot let you work over the 48 hours average.
The problem is lots of drivers are happy to work all the hours god sends and average over 48 hours and then complain if the company stands them down without pay to average it out.
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Carry on digging and you will bury yourself
Just find a Monday to Friday Job
if you make a gdpr request as you seem to have done the recipient in this case your employer has 21 days to respond unless the request is unreasonable. Unfortunately making repeated requests is considered unreasonable. In your case i don’t see what you are trying to achieve as you say you have already been given the relevant data for the last reference period i fail to see what any further information will give you as anything prior to that is irrelevant.
I assume you are trying to use the information to get out of working weekends. If you have signed a contract that includes weekend work im afraid you haven’t a leg to stand on provided it doesn’t breach any laws
All this can be avoided by keeping a simple diary with start and finish times or even going over your time sheet / payslips
All you have to do is keep a simple diary write down what time you start your shift what time you finish minus 45mkns break or how ever long breaks you take.
And will give you your wtd for the day write it down add it up every week your be able to see.
However if you use poa or your company makes you use poa it doesn’t count towards wtd…it basically counts as a break which doesn’t count.
Or maybe end of each shift you could do a print…not sure if it shows your wtd though but be able see how long youve worked break times etc
You can opt out of it anyway but most don’t.
And as above taking breaks don’t count.
So technically you could be working 60 hours plus a . week and be under the 48 HR rule by taking breaks and using poa all the time.
If you boss has tachometer, you can access your WTD on pc or app
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edd1974:
You can opt out of it anyway but most don’t.
A driver cannot opt out of the driver WTD
Dave73-UK:
So my question is am i correct?
Yes and no. The thing is with the average is there is nothing stopping them having you well above it for the current period then giving you next to no work for a few weeks to bring it down.
You’re entitled to ask where you are.
However if you don’t want to work weekends there’s a simple thing you can do which will save all of this effort, aggro, sitting there working stuff out and generally getting upset and wound up about it and that’s to exercise a simple two letter word “NO”. Just tell them when they say about you working the weekend that the answer is no. If they bang on about things point out you’ve done enough overtime and have a life. If they bang on about it being in your contract you have to comply with any reasonable request and threaten you with firing you just reply pointing out that it’s not a reasonable request when you’ve already done 55-60hrs, point out there’s still a driver shortage, it’s not like there aren’t any jobs out there and at this time of year on the run up to Xmas you could be driving another wagon for more money on agency by the end of the week.
It’s amazing how much they fold once they realise they have no power over you and all their threats and bluster that worked over the previous 15 years prior to Brexit no longer mean anything because there aren’t loads of people lining up to do almost double the UK average working week for a couple of quid an hour more than minimum wage.
Bringing down your average is separate from what days you work.
If you’re tired you don’t have to work above 48 hours in any week no matter what your average over the 17 or 26 weeks is. Just tell them no.
There are lots of free apps you can download that keep you updated on your hours rest etc…
sscoty160:
There are lots of free apps you can download that keep you updated on your hours rest etc…
I guess all of them require you to input every scrap of data in the first place?