Can an employer pre-determine your rest breaks and when you should have them or is there something that specifies that it’s the driver’s choice of when to take them?
My employer wants me to have my first 15 minute break whilst my lorry is being loaded in the morning and then my second 30 minute break whilst it being loaded early afternoon. I would prefer to have my break in one go and would prefer to have it out on the road not back in the yard.
Thanks
tamer13:
Can an employer pre-determine your rest breaks and when you should have them or is there something that specifies that it’s the driver’s choice of when to take them?My employer wants me to have my first 15 minute break whilst my lorry is being loaded in the morning and then my second 30 minute break whilst it being loaded early afternoon. I would prefer to have my break in one go and would prefer to have it out on the road not back in the yard.
Thanks
There’s nothing in the regulations that specifies that a driver can have his breaks whenever he wants them, it’s not unusual for an employer to expect drivers to have breaks while being unloaded/loaded.
However, you say your employer wants you to have a 15 minute break while you’re being loaded in the morning, if this is at the start of the shift it is unreasonable in my opinion.
It would be reasonable, and not unusual, for them to expect you to have your 45 minute break while your lorry is being loaded in the afternoon though, if you put yourself in their position would you want to pay someone to stand and watch the lorry being loaded then stop for a 45 minute break.
Most jobs have pre determined break times so it’s not an unusual thing really.
I did three shifts this week, not driving, and my break time was scheduled into the shift. Slightly different time each shift to best fit in with the workload and availability of somebody to cover my break.
Very good question
Your break is your free time to dispose off, I work for a high value load company and yes they tell us where to have our breaks {ie which service on which route} but thats a} because of high value and b} normally after 4hrs driving.
On occasion due to traffic I have had to stop at an alternative location but as long as you ring in its fine
RedditchJay:
Very good questionYour break is your free time to dispose off
Not as far as the regulations go it’s not. A break is simply a period where you do no work and use it for recuperation. It’s a rest period which is your time to dispose of as you wish. Break and Rest are not the same thing.
An employer can schedule where and when a driver takes their break as long as the requirements of break are met, that is legal. In most jobs the breaks are set by the employer, in factories, shops, offices, warehouses and so on.
8.00 clock on
10.00 until 10.15 Mugga
12.30 until 13.00 Lunch Break
3.15 until 3.30 Tea Break
17.30 clock off and f off
Works for most factories