The example below is of what I worked today and I’ve been informed the company will take 45mins off for break even though I believe I didn’t need one.
Start 05:30
Total drive 1h 48m
Total work 2h 7m
Poa 2h 50m
Finish 12:15 (not enough work)
Just confirm that I didn’t need to take a wtd break of 15mins.
I wouldve only needed a break at or before 14:20.
Also, an agency bloke overheard the conversation and said, ‘yeah, even if card in for 2 mins work you’ll need a break at some point’. Yeah cheers for that mate.
First you was working for 6 1/4 hours so 30 mins needed for working time as POA is not break
Yes but poa pushed the break back by 2h 50m
wheelyb:
The example below is of what I worked today and I’ve been informed the company will take 45mins off for break even though I believe I didn’t need one.
Start 05:30
Total drive 1h 48m
Total work 2h 7m
Poa 2h 50m
Finish 12:15 (not enough work)
Just confirm that I didn’t need to take a wtd break of 15mins.
I wouldve only needed a break at or before 14:20.
Your total working time was less than 6 hours so you did not need a break, I think what they’re probably saying is that because your total shift was 6 hours 45 minutes you would have needed a break if you had not been on POA.
Others may disagree but my personal opinion is that they would be justified in stopping you 30 minutes because your total shift was over 6 hours and for 2 hours 50 minutes you was for all intent and purpose having a break, but like I say other people will probably take a different attitude and say they shouldn’t stop any time for break.
wheelyb:
Also, an agency bloke overheard the conversation and said, ‘yeah, even if card in for 2 mins work you’ll need a break at some point’. Yeah cheers for that mate.
As know you he was talking rubbish, you only need a break if you drive for 4.5 hours then do some more work or if you exceed 6 hours working time.
Blue estate, I’ve not mate because poa isn’t classed as work, so I haven’t done 6 hrs work to qualify in having to take a break. I’ve been IN work over 6hr, but not AT work
POA is What is a Period of Availability?
Under the regulations, a POA should satisfy the following criteria:
a.A mobile worker should not be required to stay at his/her workstation
b.He/she must be available to answer calls, resume work or start driving upon request
c.The period of availability (and its duration) must be known to the mobile worker in advance, either before his/her departure or prior to the start of the period
blue estate:
you’ve gone 15mins over WTD
You only need a WTD break if your working time exceeds 6 hours, POA doesn’t count towards working time so the OPs working time did not exceed 6 hours.
See tachographs clarification
Having said that above, all agencies I’ve worked for charge a minimum of 8 hours and pay a minimum of 8 hours.
you’ve gone 15mins over WTD