Break-company policy versus law

Sick_Boy

Hi all,

I have just been told that the new company policy is to take a 30 min break.
My handbook says that only office based staff need to take an hour of break.
I am field based technician,we never used to take a break,as we do not carry any passengers.
I drive in the UK a van under 3.5t.

Law (GB domestic rules) says:

>>Passenger-carrying vehicles only<<

Breaks and continuous driving

After 5.5 hours of driving you must take a break of at least 30 minutes when you must be able to rest and take refreshment.
Or, within any period of 8.5 hours, you must take at least 45 minutes in breaks. You must have a break of at least 30 minutes at the end of this period, unless it’s the end of the working day.

gov.uk/drivers-hours/gb-domestic-rules

My manager and HR won't listen to me.
I would really appreciated if any of you could tell me what is really like as I am bit confused now.

Takeaway_Addict

You don't actually say how long u drive for?

If its 8 hours 29 minutes then its only 30 mins.

TrickyWicky

You quoted it yourself - passenger carrying vehicles only. You're not going to make that stick with your boss and HR. All they will think is that you're being difficult.

Sick_Boy

Thank you TrickyWicky.
But it is extra 100 hours per year...

Takeaway_Addict

so....how long do you drive for??????????????/

Andy_L

I take it you want to not take a break so you can finish your day earlier?

Sick_Boy

Andy_L wrote: »

I take it you want to not take a break so you can finish your day earlier?

You read in my mind.

I drive from 4h to 8h a day.

bap98189

The law you are quoting relates to PSV's - buses, minibuses and the like, not a car or van. It is not relevant to this case.

However, your employer has a duty of care to ensure that you work safely. If you are driving as part of your job then this is classed as being at work and it would seem entirely reasonable for an employer to insist staff take a break if they are driving for a lengthy period of time. Do you really drive for 8 hours straight?

Sambucus_Nigra

If it's a company policy then it's a company policy.

Andy_L

Sick_Boy wrote: »

You read in my mind.

I drive 8h a day.

In that case you are out of luck. Regardless of the law on minimum rest breaks for drivers they can impose extra requirements. It might count as a contract variation and thus take a month or so to happen.

What did you do about lunch breaks and what dies the rule book say about them?

getmore4less

Take your 30min break at the end or begining of the day.