working through breaks and not being paid.

Sweetspeas

Hi everyone

I work as a bus driver and very rarely get to see any form of descent rest periods, we have what is classed as layover time which is usually 5mins or so at either end of your trip, this to my employers seems to be classed a break and you can have maybe 3 or 4 of these in maybe 7-9hour shifts.

Thing is this is far from a break, just because we have reached the destination does not mean we have stopped working, time passengers have got off the vehicle others barge on and sometimes due to traffic these are sometimes missed and you run straight through with out hardly stopping.

My employers though seem to think its ok to deduct from our pay packet this half hour lunch break!!! even though we are still working.

They also have a habit of of saying a shift finishes earlier than it really does, for example it says on the duty sheet shift finishes 7:30pm, but time you get back fuel and clean the vehicle and cashed up your takings for the day and paper work this could be a 7:50pm finish.

Management refuse to change this and refuse to listen to drivers saying everyone gets taken half hour for lunch, which would be ok if you get it, but even any longer breaks that we might get, we are still responsible for that bus as no driver comes to relieve us so that as far as I am concerned is still classed as working.

Any advice?

Thanks

Sambucus_Nigra

What does your union say about this?

Sweetspeas

we have no union :-(

jazzyman01

Your employment contract will stipulate your working hours and what the breaks to which you are entitled.

It is very typical that lunch breaks are not paid. This means you are able to do what you want within that period of time.

IF you and your colleagues can show that you never get breaks because of the way in which the timetable is drawn up, then as a group - because you have no union - you should be insisting on your right to a break.

Perhaps you could each monitor what you do on a normal day for a period of say 1-2 weeks. Then provide copies of this to the line manager and ask where you are to take your breaks. If it also consistently shows that you are working beyond your contracted hours, then ask for the hours to be increased to take into account the additional time working. With the latter you may be advised that working beyond your normal hours may be necessary sometimes and you and your colleagues will need to demonstrate that this is everytime before they are even going to entertain a discussion on this topic.

Should the management team state that it is your responsibility to take breaks, then again, as a group state you will take your breaks and management must acknowledge that this may have a knock on effect on your ability to meet the timetable deadlines.

Ultimately you need to decide between you what actions you are going to take if the management team decides that they will not entertain any aspect of your claim.

wotto_2

As a bus driver I believe you come under GB domestic driving rules (confirm this with your manager)
If so internet search GB Domestic Rules and you will see what driving hours and rest breaks you should be doing.

Hammyman

Sweetspeas wrote: »

Hi everyone

I work as a bus driver and very rarely get to see any form of descent rest periods, we have what is classed as layover time which is usually 5mins or so at either end of your trip, this to my employers seems to be classed a break and you can have maybe 3 or 4 of these in maybe 7-9hour shifts.

Thing is this is far from a break, just because we have reached the destination does not mean we have stopped working, time passengers have got off the vehicle others barge on and sometimes due to traffic these are sometimes missed and you run straight through with out hardly stopping.

My employers though seem to think its ok to deduct from our pay packet this half hour lunch break!!! even though we are still working.

They also have a habit of of saying a shift finishes earlier than it really does, for example it says on the duty sheet shift finishes 7:30pm, but time you get back fuel and clean the vehicle and cashed up your takings for the day and paper work this could be a 7:50pm finish.

Management refuse to change this and refuse to listen to drivers saying everyone gets taken half hour for lunch, which would be ok if you get it, but even any longer breaks that we might get, we are still responsible for that bus as no driver comes to relieve us so that as far as I am concerned is still classed as working.

Any advice?

Thanks

Why are you not taking the legally required 45 minutes tacho break for every 4.5hrs driving which can only be split into two periods with the second period being no less than 30 minutes?

Why are you not taking the legally required 30 minutes break for every 6hrs work as required under the WTD (Mobile Workers) legislation?

Are you aware that if you are stopped by VOSA or the Police and upon inspecting your tachograph they find you have not had the required breaks, you're liable for fines in the £1000s? Thats you, not your employer.

And a rest break can be taken with the vehicle.

Hammyman

wotto wrote: »

As a bus driver I believe you come under GB domestic driving rules (confirm this with your manager)
If so internet search GB Domestic Rules and you will see what driving hours and rest breaks you should be doing.

And the WTD (Mobile Workers) which states a 30 minute break for every 6hrs worked if you exceed 6hrs.

Oldernotwiser

Sweetspeas wrote: »

we have no union :-(

Then suggest to your workmates that you all join one.

LittleVoice

Hammyman wrote: »

And the WTD (Mobile Workers) which states a 30 minute break for every 6hrs worked if you exceed 6hrs.

I don't think it is 30 minutes per 6 hours.

It is actually a minimum of 30 minutes if you work between 6 and 9 hours. If you work more than nine hours then breaks must total at least 45 minutes.

However ONW suggests there are also tacho-related breaks which seem to bring the total back up to 90 minutes for 9 hours of driving. Have I understood that correctly?

Hammyman

LittleVoice wrote: »

I don't think it is 30 minutes per 6 hours.

It is actually a minimum of 30 minutes if you work between 6 and 9 hours. If you work more than nine hours then breaks must total at least 45 minutes.

However ONW suggests there are also tacho-related breaks which seem to bring the total back up to 90 minutes for 9 hours of driving. Have I understood that correctly?

Once you have worked 6hrs then you need to take a 30 minute break. You cannot work 6hrs and 1 minute then take the break.

Its only 90 minutes tacho break if you're exceeding 9hrs driving and you can only do that twice in any one week.

Humphrey10

Sweetspeas wrote: »

we have no union :-(

Why on earth haven't you joined a union?

Maybe the RMT would be suitable, I believe they are for all transport sectors, including buses, not just trains.