I’ve been working for a company through an agency. I got held up twice and refused to do the second part of the run as it would exceed 10 hour limit. Also because I’m only on a shift rate an its preferable to be doing average 10 hours on the rate.
The company does have an opt out agreement on the 10 hour limit. I’ve obviously not signed into the agreement. So surely that doesnt go for me to?
Am I right to have stood my ground an said i wasnt going to do the second run? I would have been at 10 hours before starting the second run which was 2 hours each way plus tip time between.
Hourly rate would have gone down to £9 from 13.50 averaging 10 hours.
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There are a couple of factors at play here mate; firstly (and I apologise if you already know this) 10 hours relates to your duty time, not your time at work overall. To clarify, POA and break do not count towards duty time as they in effect “stop the clock” so it is entirely possible to do a 15 hour shift containing lots of break/poa time and not exceed 10 hours working time.
Secondly we have the issue of being paid a fixed rate regardless of hours done, personally if I was paid a sift rate based on 10 hours then I too would be extremely reluctant to work over 10 hours, essentially working for free unless I was receiving paid time off in lieu, so I agree with you not wanting to do it.
But, and it’s a big but, you’ve said that you are agency not permanent PAYE so that changes things a little, rightly or wrongly. From the Companies point of view why should they use you when for the same expenditure they can get driver B to do twice as much work than you?
In your position I’d be wanting to speak to someone in charge to have a frank and open discussion about how things stand otherwise unfortunately I think that your days there may be numbered!
Good luck anyway.
the maoster:
There are a couple of factors at play here mate; firstly (and I apologise if you already know this) 10 hours relates to your duty time, not your time at work overall.
But he’s already said there is a workplace opt-out in place, so the 10 hour limit doesn’t apply to him anyway…
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Jmarks1227:
The company does have an opt out agreement on the 10 hour limit. I’ve obviously not signed into the agreement. So surely that doesnt go for me to?
The workplace opt-out applies to everyone at that workplace doing the same work. It’s not something you can individually opt in or out of. The agreement remains valid for (I think) five years even if all the original members of the workforce have left. There is no requirement for newcomers to accept or sign-up to the agreement.
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Roymondo:
the maoster:
There are a couple of factors at play here mate; firstly (and I apologise if you already know this) 10 hours relates to your duty time, not your time at work overall.
But he’s already said there is a workplace opt-out in place, so the 10 hour limit doesn’t apply to him anyway…
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I totally agree with what you’re saying here and I concede that in this case the issue is not a WTD one, what it is however is a day (or in this case night) rate worked out at £x for ten hours. It’s all very well helping out once in a while, but as we all know companies take the ■■■■ so why should the o/p regularly work extra hours for zero renumeration? I wouldn’t.
the maoster:
There are a couple of factors at play here mate; firstly (and I apologise if you already know this) 10 hours relates to your duty time, not your time at work overall. To clarify, POA and break do not count towards duty time as they in effect “stop the clock” so it is entirely possible to do a 15 hour shift containing lots of break/poa time and not exceed 10 hours working time.
Secondly we have the issue of being paid a fixed rate regardless of hours done, personally if I was paid a sift rate based on 10 hours then I too would be extremely reluctant to work over 10 hours, essentially working for free unless I was receiving paid time off in lieu, so I agree with you not wanting to do it.
But, and it’s a big but, you’ve said that you are agency not permanent PAYE so that changes things a little, rightly or wrongly. From the Companies point of view why should they use you when for the same expenditure they can get driver B to do twice as much work than you?
unfortunately I think that your days there may be numbered!.
My days certainly were numbered. But if they were expecting 15’s from me for £9ph at night. It certainly wasnt happening. I’ll let driver B crack on as long as he wants.
I understood about duty time. And technically that i could show 5 hours break and Poa. And that would extend the 10 upto 15. But I wasnt going to extend that 10 hour to earn a peanut.
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the maoster:
Roymondo:
the maoster:
There are a couple of factors at play here mate; firstly (and I apologise if you already know this) 10 hours relates to your duty time, not your time at work overall.
But he’s already said there is a workplace opt-out in place, so the 10 hour limit doesn’t apply to him anyway…
Sent from my VOG-L09 using Tapatalk
I totally agree with what you’re saying here and I concede that in this case the issue is not a WTD one, what it is however is a day (or in this case night) rate worked out at £x for ten hours. It’s all very well helping out once in a while, but as we all know companies take the ■■■■ so why should the o/p regularly work extra hours for zero renumeration? I wouldn’t.
While I was talking on the phone to the guy in the office he was was saying he had other guys from the agency who were prepared to do 15’s on the rate I was being paid. So it obviously is a company that would take advantage and then completely take the ■■■■.
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the maoster:
Roymondo:
the maoster:
There are a couple of factors at play here mate; firstly (and I apologise if you already know this) 10 hours relates to your duty time, not your time at work overall.
But he’s already said there is a workplace opt-out in place, so the 10 hour limit doesn’t apply to him anyway…
Sent from my VOG-L09 using Tapatalk
I totally agree with what you’re saying here and I concede that in this case the issue is not a WTD one, what it is however is a day (or in this case night) rate worked out at £x for ten hours. It’s all very well helping out once in a while, but as we all know companies take the ■■■■ so why should the o/p regularly work extra hours for zero renumeration? I wouldn’t.
Where does the “regularly” come from? It has happened twice according to the OP (although no indication whether this is twice in a week or twice in three months).
Maybe you should work for better companies? I’ve been at the same place now for over 10 years (although I’ve been TUPEd across to three different employers in that time - all of them large-ish “Logistics” companies). No urine is ever extracted,although I accept that occasionally Stuff Happens and I end up with a longer shift. By the same token Stuff also Happens and I end up with a shorter shift.