got my first infringement today (dated last month 6/5/21) for working 6 1/2 hours while only having a 15 min break I thought that was ok but after researching I can know see I screwed up but after realising my mistake I realised I’ve done the extract same thing today so know I will have another infringement for the same thing coming soon but if I’ve messed up twice how many times have i messed up as well so I’m a bit worried and also I found out while researching that you can only work 10hours if it’s a night shift which I’ve also broken twice looking back at my time sheet so that’s 4 infringement coming within the next month and that’s just what I know of so How many infringements can I get before I get fined and sacked or have I just screwed everything up for myself?
How on earth have you “worked” for 6.25 hrs without a break? What work are you doing?
DCPCFML:
How on earth have you “worked” for 6.25 hrs without a break? What work are you doing?
Had my 15 minute break but was unaware I needed a 30minute
No infringement has happened then. 30 mins total before your 9th hour. 15 mins before your 6th hour.
DCPCFML:
No infringement has happened then. 30 mins total before your 9th hour. 15 mins before your 6th hour.
They pulled my into the office and made me sign it and explained before your first 6 hours you need 15min break if you go over 6 hours.
if you worked between 6 - 9 hours your break needs to be 30 minutes and I worked 6 1/2 so had my 15 minute break but I didn’t have another 15 minute because I though I didn’t need one because I was going home
P225:
DCPCFML:
No infringement has happened then. 30 mins total before your 9th hour. 15 mins before your 6th hour.They pulled my into the office and made me sign it and explained before your first 6 hours you need 15min break if you go over 6 hours.
if you worked between 6 - 9 hours your break needs to be 30 minutes and I worked 6 1/2 so had my 15 minute break but I didn’t have another 15 minute because I though I didn’t need one because I was going home
Tell them they are talking [zb]. There’s a WTD thread somewhere on here which lists the rules. 95% of people interpret the 6 hr “rule” wrong, just as your office staff have.
DCPCFML:
P225:
DCPCFML:
No infringement has happened then. 30 mins total before your 9th hour. 15 mins before your 6th hour.They pulled my into the office and made me sign it and explained before your first 6 hours you need 15min break if you go over 6 hours.
if you worked between 6 - 9 hours your break needs to be 30 minutes and I worked 6 1/2 so had my 15 minute break but I didn’t have another 15 minute because I though I didn’t need one because I was going home
Tell them they are talking [zb]. There’s a WTD thread somewhere on here which lists the rules. 95% of people interpret the 6 hr “rule” wrong, just as your office staff have.
I have worked here for 1 1/2 years On and off with my agency but DHL have taken over recently never had a problem before but when they explained and I googled it all the search results I found said i was wrong and I did need a 30 minute can you help me find the other thread about WTD? I thought I had just been taught totally wrong and started panicking after I googled it and it said the office was correct
Someone else will link it, I can’t be arsed sorry. The topic has been done to death 1000s of times, just do a search. All the info you’ve found online is wrong or you’re misinterpreting it.
DCPCFML:
Someone else will link it, I can’t be arsed sorry. The topic has been done to death 1000s of times, just do a search. All the info you’ve found online is wrong or you’re misinterpreting it.
Yes I found it I thought I had been stupid and forgot a basic rule or something that’s for your help so what should I do about the infringement I signed or is it too late now either way I hope they don’t sack me because I still have another 2 for going over 10 hours work while on a night shift I’ll leave the link to that other post as well might help anyone else reading this tread in future viewtopic.php?f=5&t=138841&p=2182159#p2182159
10 hours probably doesn’t apply. 99% of drivers opt out of it with their company. Up to you what you sign. Depends whether you want the argument. DHL are ■■■■ about that sort of thing hence why I’d never work for them as they’re all a bunch of clueless kids with worthless degrees in logistics ordering you about who couldn’t tell you one end of the truck from the other.
DCPCFML:
10 hours probably doesn’t apply. 99% of drivers opt out of it with their company. Up to you what you sign. Depends whether you want the argument. DHL are ■■■■ about that sort of thing hence why I’d never work for them as they’re all a bunch of clueless kids with worthless degrees in logistics ordering you about who couldn’t tell you one end of the truck from the other.
I like the job but not liking DHL so I’ll just let it pass they are so ■■■■ about some stuff but others they don’t care once they tried telling me it was on to take a 18T ridged out when it was 1/2 tone overweight saying something about a 10% rule or some ■■■■■■■■ and if they want me to take 30 minutes breaks instead then why not I’m paid for itand it will keep them happybut I’ve still got another one coming for the same infringement hopefully I will just have 2 and that’s it and they don’t give me the sack for them as I’m only agency but have been with the company over a year before DHL took it over so I am known there so hopefully will have people fighting my case if they did want me gone
Hey op, iv worked for dhl with the agency
Okay wtd you need 15min in 6hour however dhl company policy is 6hour you need 30min
I had the same thing happen to me nothing shows up on tachomaster but I still had to sign a paper and say sorry
Some Companies bother with the WTD others do not
Authorities are not bothered at all and have no sanctions for breaches
10 hour total working time - not shift time for night workers unless there is a workforce agreement to opt out of that bit of the WTD
The rules are based on working time not shift time
max 6 hours without a 15 break at any point during your working day/night
Breaks cannot be taken at the start or end of a shift - must show at least 1 minute work time between a break if near start/finish time
Now this is the bit many get confused with - the amount of breaks needed for the total work time during a shift -
Choose one option
under 6 hours = no breaks
6 to 9 hours = 30 but can be 15+15
Over 9 hours = 45 can be 15+15+15 or 30+15 or 15+30
There is no rule which says you must have 30 before the 9 hour point when the total is over 9
Breaks can be used for both driving time and WTD but driving time break rules take preference
ROG:
Some Companies bother with the WTD others do not
Authorities are not bothered at all and have no sanctions for breaches10 hour total working time - not shift time for night workers unless there is a workforce agreement to opt out of that bit of the WTD
The rules are based on working time not shift time
max 6 hours without a 15 break at any point during your working day/night
Breaks cannot be taken at the start or end of a shift - must show at least 1 minute work time between a break if near start/finish time
Now this is the bit many get confused with - the amount of breaks needed for the total work time during a shift -
Choose one option
under 6 hours = no breaks
6 to 9 hours = 30 but can be 15+15
Over 9 hours = 45 can be 15+15+15 or 30+15 or 15+30
There is no rule which says you must have 30 before the 9 hour point when the total is over 9Breaks can be used for both driving time and WTD but driving time break rules take preference
So they are right in the infringement then as I said I had my 15min break so was fine for my 6hours work but because I worked 30 minutes over the 6hours I should of had another 15min by law before I finished because I worked in between 6-9 hours that shift
I’ve been driving for a year and half and was always under the impression that you only need a break if working through the 6-9 hours I thought I could do say 8hours on a 15min because I’d be going home before the 9th hour I’ve done all agency work here there and everywhere but no one ever pulled me for this before so I feel like a bit of a idiot to be honest
DCPCFML:
P225:
DCPCFML:
No infringement has happened then. 30 mins total before your 9th hour. 15 mins before your 6th hour.They pulled my into the office and made me sign it and explained before your first 6 hours you need 15min break if you go over 6 hours.
if you worked between 6 - 9 hours your break needs to be 30 minutes and I worked 6 1/2 so had my 15 minute break but I didn’t have another 15 minute because I though I didn’t need one because I was going home
Tell them they are talking [zb]. There’s a WTD thread somewhere on here which lists the rules. 95% of people interpret the 6 hr “rule” wrong, just as your office staff have.
No, his office are interpreting the rules correctly. The OP only took a 15 minute break during his shift. If his working time during that shift exceeded 6 hours then he should have taken 30 minutes of Break.
P225:
ROG:
Some Companies bother with the WTD others do not
Authorities are not bothered at all and have no sanctions for breaches10 hour total working time - not shift time for night workers unless there is a workforce agreement to opt out of that bit of the WTD
The rules are based on working time not shift time
max 6 hours without a 15 break at any point during your working day/night
Breaks cannot be taken at the start or end of a shift - must show at least 1 minute work time between a break if near start/finish time
Now this is the bit many get confused with - the amount of breaks needed for the total work time during a shift -
Choose one option
under 6 hours = no breaks
6 to 9 hours = 30 but can be 15+15
Over 9 hours = 45 can be 15+15+15 or 30+15 or 15+30
There is no rule which says you must have 30 before the 9 hour point when the total is over 9Breaks can be used for both driving time and WTD but driving time break rules take preference
So they are right in the infringement then as I said I had my 15min break so was fine for my 6hours work but because I worked 30 minutes over the 6hours I should of had another 15min by law before I finished because I worked in between 6-9 hours that shift
I’ve been driving for a year and half and was always under the impression that you only need a break if working through the 6-9 hours I thought I could do say 8hours on a 15min because I’d be going home before the 9th hour I’ve done all agency work here there and everywhere but no one ever pulled me for this before so I feel like a bit of a idiot to be honest
No, that’s nonsense. You’ve not worked past 9 hours so no additional break is required. You have satisfied the “you must have A break before 6 hours… breaks must be min length 15 mins” requirement. You don’t need to do anything else until your 9th hour. If you know you’re going to be finished before your 9th hour then no further break required. If you know you’re going to be working beyond your 9th hour then you need to plan for another break of not less than 15 mins before you reach that point.
Roymondo:
DCPCFML:
P225:
DCPCFML:
No infringement has happened then. 30 mins total before your 9th hour. 15 mins before your 6th hour.They pulled my into the office and made me sign it and explained before your first 6 hours you need 15min break if you go over 6 hours.
if you worked between 6 - 9 hours your break needs to be 30 minutes and I worked 6 1/2 so had my 15 minute break but I didn’t have another 15 minute because I though I didn’t need one because I was going home
Tell them they are talking [zb]. There’s a WTD thread somewhere on here which lists the rules. 95% of people interpret the 6 hr “rule” wrong, just as your office staff have.
No, his office are interpreting the rules correctly. The OP only took a 15 minute break during his shift. If his working time during that shift exceeded 6 hours then he should have taken 30 minutes of Break.
Nope. This has been discussed 1000s of times in previous threads, go read them.
DCPCFML:
Nope. This has been discussed 1000s of times in previous threads, go read them.
I don’t need to (although I probably have). I simply need to refer to the text of the Road Transport (Working Time) Regulations 2005:
Breaks
7.—(1) No mobile worker shall work for more than six hours without a break.(2) Where a mobile worker’s working time exceeds six hours but does not exceed nine hours, the worker shall be entitled to a break lasting at least 30 minutes and interrupting that time.
(3) Where a mobile worker’s working time exceeds nine hours, the worker shall be entitled to a break lasting at least 45 minutes and interrupting that period.
(4) Each break may be made up of separate periods of not less than 15 minutes each.
A single 15 minute break where, as in the OP’s case, a total of 6.5 hours are worked, doesn’t satisfy this requirement.
Roymondo:
DCPCFML:
Nope. This has been discussed 1000s of times in previous threads, go read them.I don’t need to (although I probably have). I simply need to refer to the text of the Road Transport (Working Time) Regulations 2005:
Breaks
7.—(1) No mobile worker shall work for more than six hours without a break.(2) Where a mobile worker’s working time exceeds six hours but does not exceed nine hours, the worker shall be entitled to a break lasting at least 30 minutes and interrupting that time.
(3) Where a mobile worker’s working time exceeds nine hours, the worker shall be entitled to a break lasting at least 45 minutes and interrupting that period.
(4) Each break may be made up of separate periods of not less than 15 minutes each.
A single 15 minute break where, as in the OP’s case, a total of 6.5 hours are worked, doesn’t satisfy this requirement.
sigh
Why are you reading things that aren’t there? The key part is “interrupting that time”. The time being: “exceeds six hours but does not exceed nine hours”, ie. within the 6 to 9 hour time period, you must have a break/breaks totalling no less than 30 mins. If you choose to have that second 15 min break at 8 hrs and 59 mins, you are legally allowed to do so.
As a separate issue, I note the use of the word “entitled” which is from the official legislation.gov site, yet doesn’t feature in the wording on the .gov site for same. One could argue that the only rule in that legislation is section 7 (1). Clause (2) and (3) are actually optional if you take the wording at its literal meaning, ie. if the worker wishes to take additional breaks of 15 mins after 6 hours and after 9 hours then his is legally entitled to do so, but there is no legally requirement there to take them if he doesn’t want to.
If during a shift your working time is 6.5 hours then 30 mins total break must be taken to satisfy the WTD rules
Example
Shift length 7 hours
Working time during that 7 hours is 6.5 hours
0.5 hours is break which can be split into 2x15s and cannot be at the start or end of the shift
That is the law 100%
If anyone wants to believe differently then they are welcome to to do so but it does not change the law 