If you work over 13 hrs and have a regular start time, can you legally insist on taking a full rest or can the company insist you take a reduced rest?
If you have worked over 13 hrs, you are on a reduced rest whether you like it or not.
No, what I mean is can I legally say I’m not prepared to take 9 hrs off but 11 hrs and therefore move my following start time out by two hours. I’m not looking at it from a 24hr period, but from a regular start time.
Sorry if I misunderstood your question. Don’t know if you can insist that you are going to take 11 hrs, all I know (as you do) is that regardless of the length of rest, it will only be considered as a reduced rest.
I used to insist on a minimum time off after a shift because I need a lot of sleep to be refreshed enough to drive safely but that was agreed at interview
I could be wrong, but I think you’ll only be in a position to insist if what you’re being asked to do puts you outside what’s permitted, or falls outside your what’s in your contract of employment.
Were you an office/factory/warehouse worker who hadn’t opted out of the WTD you could insist, as there’s no scope for reduced daily rest in the “normal” working time directive you’d be entitled to an unbroken 11 hours and no argument, however, this isn’t what drivers come under.
I suppose you could point out that since the boss (working in an office) couldn’t be obliged to start less than 11 hours after finishing, it’s unfair to expect you to, your milage may vary doing so though.
A definitive answer could only come from looking at the actual wording of the regulations, hopefully one of the resident RT(WT)R experts will be along soon.
It will probably be in your contact that the company can change you start times and shift lengths as per business requirements.
There’s all sorts of myths going around that companies cannot plan 15 hour days or force you to have less than 11 hours off but I think they’re just that, myths.
You can of course refuse on the grounds of being too tired but if you take that stance indefinitely then they can say you’re not fit to do the job.
If it’s a one off mate I;d just ■■■■ it up, most of us have done it in the past and many do it permanently.
Wait till you wanna crack on because you want an early finish for what ever reason and they give you grief such it up this is road transport
Thanks for the replies, I was actually enquiring on behalf of a friend, I’ve never had to worry about it myself! Cheers