A right to or entitled to does not mean those breaks have to be legally taken like the drivers WTD breaks
ROG:
A right to or entitled to does not mean those breaks have to be legally taken like the drivers WTD breaks
“Your employer legally has to let you take the rest breaks you’re ‘entitled to’…”
Torkey:
ROG:
A right to or entitled to does not mean those breaks have to be legally taken like the drivers WTD breaks“Your employer legally has to let you take the rest breaks you’re ‘entitled to’…”
Have you read that carefully because it does not say you MUST legally take breaks
Torkey:
ROG:
A right to or entitled to does not mean those breaks have to be legally taken like the drivers WTD breaks“Your employer legally has to let you take the rest breaks you’re ‘entitled to’…”
I think what ROG is trying to say is that while you are legally entitled to take breaks, you’re not legally required to take breaks. There is a difference.
If I drive for 4 hours 40 minutes every day for a week/month without a break I’d probably get a fine from the DVSA if pulled over and checked. But millions of workers all over the country are flouting WTD rules and no one cares or gets in trouble.
Londontrucker123:
Jeez… Roll on Brexit.
That isn’t going to end it unfortunately. The bill currently stuck in the House of Lords is to implement all current EU law on the date we leave into UK law which will include the EU drivers hours, the working time directive, the DCPC.
Someone tell me what the WTD actually does that can be said to be “in favour” of workers, ANY workers. What did we actually gain that we didn’t have before? Bugger “Rights” because the lie that “Leaving the EU will result in all UK workers losing their right to paid holidays” is the biggest porker of all time! 
I guess if you’re employed as a fat cat - you are probably better off - but the fat cats don’t actually do the work do they? (That’s why they are fat.)
I cannot find any legal cases where an employer has been prosecuted for WTD breaches either for the normal or drivers WTD - perhaps others can 
If that is the case then either the WTD is pointless or every employer is compliant/getting away with not complying
That was a fascinating discussion. I learnt quite a bit from it. I did a search to look at the WTD rules regarding the maximum working week. I see from the link provided that you can’t work for more then 60 hours any week. But it’s really limited to 48 hrs over a 17 week reference period. I’m sure that in the past I’ve been breaking these rules regularly and nobody has picked me up on it. 
Looking at the rules, I gather the company decides on the reference period from 17 - a maximum of 26 weeks. Am I correct in saying that your 60 hours week doesn’t include your breaks and POA?
Mooping:
I’m sure that in the past I’ve been breaking these rules regularly and nobody has picked me up on it.
That is probably because nobody is really interested in it
Mooping:
Looking at the rules, I gather the company decides on the reference period from 17 - a maximum of 26 weeks. Am I correct in saying that your 60 hours week doesn’t include your breaks and POA?
No it doesn’t. Drive and other work only
ROG:
Mooping:
I’m sure that in the past I’ve been breaking these rules regularly and nobody has picked me up on it.That is probably because nobody is really interested in it
I’m doing agency work. And I work for a subsidiary of Calor and I’m told they’re quite hot on it. Even though it’s a subsidiary, Calor still lay all the rules I am told. But I’m also told that Calor aren’t the best employers and don’t like paying too much overtime.
Are you telling me ROG that VOSA wouldn’t be interested in this?
kcrussell25:
Mooping:
Looking at the rules, I gather the company decides on the reference period from 17 - a maximum of 26 weeks. Am I correct in saying that your 60 hours week doesn’t include your breaks and POA?No it doesn’t. Drive and other work only
Thanks. Do you find that this 60 hour rule is adhered to?
Mooping:
kcrussell25:
Mooping:
Looking at the rules, I gather the company decides on the reference period from 17 - a maximum of 26 weeks. Am I correct in saying that your 60 hours week doesn’t include your breaks and POA?No it doesn’t. Drive and other work only
Thanks. Do you find that this 60 hour rule is adhered to?
My previous employer did, they were very hot on all aspects of compliance.
My current employer less so, hence I am looking to leave.
Whilst ROG will probably come back that no-one has been prosecuted over wtd offences I think that it needs to be adhered to. I have no idea of the circumstances of the accident with the Sainsbury lorry this week. If he was at fault or not, I am sure that they have been through his card with a microscope and anything that may not have been a factor will become one
kcrussell25:
Whilst ROG will probably come back that no-one has been prosecuted over wtd offences I think that it needs to be adhered to. I have no idea of the circumstances of the accident with the Sainsbury lorry this week. If he was at fault or not, I am sure that they have been through his card with a microscope and anything that may not have been a factor will become one
How do you find out information such as this? Freedom of Information requests?
Mooping:
kcrussell25:
Whilst ROG will probably come back that no-one has been prosecuted over wtd offences I think that it needs to be adhered to. I have no idea of the circumstances of the accident with the Sainsbury lorry this week. If he was at fault or not, I am sure that they have been through his card with a microscope and anything that may not have been a factor will become oneHow do you find out information such as this? Freedom of Information requests?
I have seen him comment that before. If you Google driver hours offences it brings stuff up or you see it in the news. I agree that I have never seen a wtd prosecution (not looked either to be fair) but it doesn’t mean that if you’re involved in an accident they won’t be interested then
Thanks for your replies. It’s not that I want to break WTD rules. But it’s always good to know.
Londontrucker123:
Jeez… Roll on Brexit.
Its quite simple, people just dont get it, and then get even more confused when they mix wtd and eu drivers regs together.