In my new job i have to start anytime between 0100 to 0300. As i understand the regs one is limited to 10 hours working time exc break if one starts before 0400. One should ask for a workplace agreement if the employer demands longer… which they have done.
Well i have done that and didn’t get a fair response!
So what do i do?
a] look for another job.
b] invite the DVSA in for an inspection… then look for another job!
who else has had this experience?
the night work “rule” is any time worked between midnigh t and 4 am is limited to 10 hours. ie if your shift starts at 2:30 pm you could only do 10 hours as it would fall into the above time period. However this can be collectively opted out of.
you probably already have done so by the mountain of paperwork you signed either for the company or the agency
Depends how much you need the work and if your happy with starting so early.
Personally I’d look for something else.
I don’t mind a 5 am start which currently do and the odd 4 am but anything earlier no chance.
Plus do you get paid extra / night rate for starting so early you should be really
How much over the 10 hours are they pushing you
If the response was not favourable to yourself that’s not a good sign
Is it direct or agency
Much appreciate your replies - i’ll try and answer each of the points you have made.
It seems that the early start is due to Lidl deliveries - Lidl close at 1300 on most of their sites. But we could easily start at 0400 and take the 10 WT ‘out of the equation’.
Checked my paperwork - nothing in the contract about early starts. The advert did state 0100-0300 starts maybe requested.
So the issue over 10 hrs WT has not been recognized. The issue as far as i am concerned is that it is this rediculous early start for the first day and the rest of the working week can anything from 0500 to 0800 start. Just doesn’t seem to ‘wash’. I’d be happy enough to start early every day when one is keeping one’s sleeping patterns consistent.
They seem to think that 15 hours is okay. All communication is on Whatsapp… great. I’ve asked to see the Traffic office manager. I don’t think they have thought about it much tbh - such is the joy of driving!
How much do i want the job - just want a job to keep me going for 5 years until retirement. This area is one of mass immigration and whilst Brexit has been done - the attitude hasn’t changed… just fire anyone English and appoint a friend from Europe.
I think when one is delivering to Lidl, one can be taking keys and opening oneself in the middle of the night (apparently).
Sorry, I can’t be of help to you but as soon as I saw the dreaded word Lidl, I switched off mentally. I hate them so much for the way they treat their employees and visitng drivers that I won’t even shop at the lousy place.
So far i have found Lidl more helpful than Aldi. I prefer unloading myself than visiting Tesco now - they now demand you leave the cab on arrival and you can’t even take break and make food on the microwave in the cab.
Early today i refused to go beyond 10 hours and coy have agreed to provide opt out agreement. Not a great plus but at least i am covered.
You cannot legally have an individual opt out agreement for the night time working limits unless you’re the only one working there.
An opt out agreement is a workforce agreement that’s agreed with the union or workforce representatives, it covers all workers or a group of workers doing the same job.
Sounds like you work for Gregory. Anyhow I’ve never heard of this 10hr max rule for nights before?
Oh and on a trunk run to the Reading Tesco DC I put my keys in the locker but they let me go back to my cab. The woman said no but a guy in charge said it’s fine.
paddythelorrydriver wrote
Anyhow I’ve never heard of this 10hr max rule for nights before?
The Road Transport (Working Time) Regulations 2005 (legislation.gov.uk)
9.—(1) The working time of a mobile worker [F1or self-employed driver], who performs night work in any period of 24 hours, shall not exceed 10 hours during that period.
Yes indeed
I’d say there’s an opt out in place.
I did many years starting at 1am doing trunking on an 11 hour shift (sometimes quicker).
The following night would be a shorter run to keep the average weekly hours to roughly near 48.
What I’d personally object to in any job is starting at different times.
Finishing at different times is one thing, but starting ? No thanks.
Starting at different times has now taken place. This week i started at 0700 and did two drops and returned to the yard for 1400. Then got the bombshell - i was to start at 0200 the next day.
I suppose it is considered okay as one is getting rest time. But one’s ‘body clock’! Don’t think i will be in this job much longer. falling asleep at the wheel is too great a risk.
My pooping clock is messed up. I now keep having to poop in one of the shops I deliver too. Usually the toilet is via the staff room which they wait for me in 
I would have to have one hell of an hourly rate to make me have the required amount of enthusiasm to make me want to get my arse out of bed to start at those times.
Classic endurance test.
6 am is a chore for me these days.
So much for ‘health and safety’ eh? 