Can anyone answer this for me please?
I have been a permanent yard shunter for the last few years, I always believed that shunters were exempt from WTD and any other working restrictions as long as I didn’t go out driving on the road.
My company today have informed me that they don’t want me working more than 6 days on the bounce without a day off and when I questioned why, they said because of GB domestic rules, last week I had worked 16 days on the bounce with the understanding that I wouldn’t be stupid, if I was tired then I would take time off…now all of a sudden I come under GB domestic?
Can anyone shed some light on this?
Well there wrong then
gb domestic rules do not require a weekly rest period
But 10 hrs max driving and 11 hour shift time
And cando this 7 days a week
internal yard shunters do not come under EU or UK domestic regs
The regs are for those who go out on the road
A person with no driving licence can be a yard shunter
Company policy may determine what you can or cannot do but that’s it
Although it may be legal, I’m sure the HSE would take dim view of your company if they found out you’d been working 16 days without a break and were then involved in an accident. And companies have been hit with some heavy fines for poor work practices lead to death or injury.
So maybe you have a manager who realises this and is putting systems in place to insure you have days off and cover themselves is there is an accident involving you.
You do not come under any driving regs. A child can drive that shunter on the companies private land if they give authority… You are however bound by working time directive, unfortunately though…this industry is the only one that seems to know anything about the WTD or stick by the rules… Go into any office and ask Brenda if she works to the WTD rules…most people wont know what you are talking about ! The point here though is that your company makes the rules that you adhere to and I think they are just covering themselves in this instance. You can opt out of WTD if self employed.
The entire normal WTD can be opted out of by any individual
The RT(WT)R cannot be opted out of except the night time bit with a workforce agreement
An internal shunter would come under the normal WTD
muckles:
Although it may be legal, I’m sure the HSE would take dim view of your company if they found out you’d been working 16 days without a break and were then involved in an accident. And companies have been hit with some heavy fines for poor work practices lead to death or injury.So maybe you have a manager who realises this and is putting systems in place to insure you have days off and cover themselves is there is an accident involving you.
I think that is probably the case, plus they probably want to share the work amongst the drivers who do relief shunting, I just don’t like being ■■■■■■■■■■■, if they were honest and upfront about it, no problem at all.
It’s not always the case of so much overtime, normally a few extra days a month, just the other shunters using up the remainder of holidays.
Cheers for the answers.
What does you’re contract of employment class you as?
What licence do you hold and have you the relivent CPC training
It could be a company thing where if your coming under the heading of transport they could just be doing as said an arse covering exercise.
Also there’s EU legislation that a company can’t make you work x amount of weekends
nick2008:
What does you’re contract of employment class you as?
What licence do you hold and have you the relivent CPC trainingIt could be a company thing where if your coming under the heading of transport they could just be doing as said an arse covering exercise.
Also there’s EU legislation that a company can’t make you work x amount of weekends
My contract is full time shunter, I have full class one and full cpc, don’t go out on the road.
I think the arse covering is probably most likely reason.
onyerbike:
nick2008:
What does you’re contract of employment class you as?
What licence do you hold and have you the relivent CPC trainingIt could be a company thing where if your coming under the heading of transport they could just be doing as said an arse covering exercise.
Also there’s EU legislation that a company can’t make you work x amount of weekendsMy contract is full time shunter, I have full class one and full cpc, don’t go out on the road.
I think the arse covering is probably most likely reason.
Yeah I just wondered cause some places put the shunter under the warehouse and others under transport…
nick2008:
onyerbike:
nick2008:
What does you’re contract of employment class you as?
What licence do you hold and have you the relivent CPC trainingIt could be a company thing where if your coming under the heading of transport they could just be doing as said an arse covering exercise.
Also there’s EU legislation that a company can’t make you work x amount of weekendsMy contract is full time shunter, I have full class one and full cpc, don’t go out on the road.
I think the arse covering is probably most likely reason.Yeah I just wondered cause some places put the shunter under the warehouse and others under transport…
That’s a bit of a grey area in my firm, paid by transport, answer to transport but work for/ with operations.
Sounds like it’s company policy and someone somewhere doesn’t want you working that many days but hasn’t got the balls to say this so they blame the law instead. Typical weak management.
Should have been a case of approach you and tell you eyeball to eyeball
“We’ve changed our mind and only want you to work max six days then a day off”
“Why?”
“Because we say so and that’s the way it works”
Instead they blame someone else - those flamin rules!!
As it turns out, I have been called into the office to receive an answer from the Transport Manager who has just returned after an operation.
I work nights so I was hearing from Duty managers.
My boss is a decent sort, (ex driver and ex shunter) .
He called me in, looked me bang in the eye and told me, despite all the recent rumours about my overtime being capped because of this, that or the other, it was he and he only who put a cap in place, legally I can work whenever I want, morally he has an obligation to protect me.( from myself!)