Nightwork WTD/RTR for the only nightman in the company

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

Hi all.
First post on here so be gentle please.

I drive a HGV for 50+ trucks company and I am the only night driver on the fleet. I am an employee and always start from same place, so not classed as mobile worker.Started on nights in JAn 2019. In last few months, the company adhered to 10hrs night work rule, but due to some keen planners wanting to push more work thru night, I have been asked(only myself, no-one else on the fleet) to sign an ‘opt out’ to my 10hrs night working rule. I do not want to do it, due to a fact that I see it as potentially dangerous(long hours overnight can cause fatigue).
I asked why this is now needed and I have been told that the company doesn’t want me to run out of working time one night. Fair answer, but this would open the door to me working longer hours more regularly. Now, having read WTD/RTR rules - an opt out can only be done by collective agreement (Union- no union reps here ATM) or workforce agreement (where an option of an opt-out is put to all).

Can somebody please tell me how a workforce agreement could be achieved here, with such a large majority of day drivers and only one nightman? Is this put through as a vote(majority) or is it certain % of the workforce that need to agree to the changes that will/can affect a single employee? It is my understanding that it can not be forced upon a single employee or even a group of drivers but needs all/majority of the workforce to agree to the changes.

I also found this on practical law website:

Workforce agreement
An agreement between an employer and its employees or workers recording negotiated variations to certain statutory rights and entitlements. A workforce agreement must:

Be in writing;
Be for a fixed term of not more than five years;
Cover all the relevant employees (or workers for the purposes of the Working Time Regulations 1998;
Be signed by the duly elected representatives of the employees or workers concerned or, where there are 20 or fewer employees, by a majority of them; and
Before the agreement itself was made available for signature, copies of the text have been provided to all the employees concerned together, if necessary, with an intelligible explanation of its meaning.

In this instance- I am the only relevant employee- I can’t be my own duly elected rep…We have more than 20 employees…where do I stand?? sign it or refuse it for safety concerns?

Many thanks
AJ

2

They could just put it to all drivers employed regardless of their work pattern.

If the majority vote out then it’ll be out simples

3

Meet them halfway and tell them you’ll do a maximum 12 hr shift length regardless of how much poa or breaks you have.

4

Easternman1981:
I drive a HGV for 50+ trucks company and I am the only night driver on the fleet. I am an employee and always start from same place, so not classed as mobile worker.

If you drive a HGV vehicle in-scope of EU regulations you are classed as a mobile worker, it has nothing to do with where you start or finish work.


Road Transport (Working Time) Regulations 2005:
“mobile worker” means any worker forming part of the travelling staff, including trainees and apprentices, who is in
the service of an undertaking which operates transport services for passengers or goods by road for hire or reward or
on its own account

I think your best option probably lies within your contract of employment, if your contract of employment states what hours you work the problem is fixed, if not then you could ask them to change your contract to say that when on nights you’re only expected to do 10 hours working time unless exceptional circumstances i.e. running out of working time, mean having to do more.

5

Thank you all for replies.

Bottom line is that they shouldn’t ask a single driver to sign an opt-out.
Going to try negotiate that without signing anything to see if compromise can be achieved. I can’t see myself working 15hrs shifts on nights, will turn into zombie soon…:wink: thanks again