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20-10-18, 01:08AM

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Author Topic: Dot com ‘rules’  (Read 20878 times)

fatboy

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Re: Dot com ‘rules’
« Reply #75 on: 09-08-18, 03:01PM »
Not in my instance. Ive always had at least 5.6 weeks including bank hols.

helpme

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Re: Dot com ‘rules’
« Reply #76 on: 09-08-18, 03:21PM »
38 days holiday a year?/

fatboy

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Re: Dot com ‘rules’
« Reply #77 on: 09-08-18, 03:39PM »
The 5.6 weeks goes on the days worked per week. It doesn't mean 5.6x7. I work on 5 days a week which is 28 days holiday. This can include bank holidays.

m360

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Re: Dot com ‘rules’
« Reply #78 on: 09-08-18, 03:53PM »
If you’re full time, 5.6 x your 5 days is 28

Tesco give a minimum of 20 days holiday plus 8 bank holiday days to full timers so comply with the law in this regard.

fatboy

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Re: Dot com ‘rules’
« Reply #79 on: 09-08-18, 03:58PM »
Thanks m360. Thought I was correct on this one!!

Dorothy C

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Re: Dot com ‘rules’
« Reply #80 on: 09-08-18, 06:26PM »
Oh dear oh deary me..sad state of affairs in our dotcom this morning..manager visibly going into melt down trying to sort out a new rota..looking at the situation, eight years to finally acknowledge a change in the law?? Yeah right!...the cautious cynic in me is saying that this is the companies first step towards building a case to wave goodbye to full time drivers.

I don't think so. Obviously every employer would like to employ people on a temporary contract in every walk of life, but I can't see this happening anytime soon. The only positives I can draw from this is that every single driver manager, and the upward chain did not have a clue that they were making drivers work illegally. .Also any driver could be fined for doing so. I think I might speak to the usdaw legal helpline and say I want compensation for being exploited at work but they and Tesco are two cheeks of the same arse . It has only happened because somebody has hit something and the log book was checked. It's a car(3.5 Iveco van) crash. Also I believe the Sun has a phone and email address if you want to tell them a story, I bet they would love to hear about Tesco employees being forced to work illegally.  Obviously you can tell that I am not a Sun reader as I am not a manager at Tesco

dfl

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Re: Dot com ‘rules’
« Reply #81 on: 09-08-18, 07:32PM »
Previous post not far off the mark for me, surely there actually must be a case for employees that were doing this to have some recourse or compensation I would have thought. Anyone from USDAW want to take this on board for their members ?
DFL

fatboy

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Re: Dot com ‘rules’
« Reply #82 on: 09-08-18, 07:57PM »
Funny how people have gladly worked these hours for years with no problems or questions & as soon as this comes to light everyone wants compensation. Gotta laugh really  ;D

Dorothy C

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Re: Dot com ‘rules’
« Reply #83 on: 09-08-18, 08:23PM »
Not me. It was forced upon me 2 years ago when I moved stores  but accepted it at the time because I wanted the move but the stripey let me drop it after a few months after I waved this in his face. https://www.gov.uk/guidance/drivers-hours-goods-vehicles/2-great-britain-domestic-rules.

helpme

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Re: Dot com ‘rules’
« Reply #84 on: 09-08-18, 09:28PM »
So we're  getting the right holidays (I stand corrected  ;)) and people are going on about compo but there is one question that head office will need to answer.
What action is going to be taken against the group driver trainers and managers who were the compliance managers at the time?
The had the job to ensure we were safe and legal and failed terribly.

londoner83

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Re: Dot com ‘rules’
« Reply #85 on: 09-08-18, 10:22PM »
Not throwing a spanner in the works but why are we worried about a EU law when we have set a date to leave the EU and it's laws?

helpme

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Re: Dot com ‘rules’
« Reply #86 on: 09-08-18, 10:41PM »
It's domestic laws not EU.

bluemoonfan

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Re: Dot com ‘rules’
« Reply #87 on: 10-08-18, 12:13AM »
Trying to get my head round this as so far today we have had 4 different versions till I showed my manager the .gov website. I understand that if I do 1300-1800 shift then the 24 hour period starts at 1300, but can you still do a 9 till 1900 shift the following day . I think you cant as you only have 6 hours duty and 5 hours driving time left , but Manager thinks you can as the 24 hour period resets at 1pm during your shift. 

terra

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Re: Dot com ‘rules’
« Reply #88 on: 10-08-18, 06:23AM »
And the govt has committed to adopting all current eu legislation as part of the leaving process

gomezz

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Re: Dot com ‘rules’
« Reply #89 on: 10-08-18, 08:28AM »
Trying to get my head round this as so far today we have had 4 different versions till I showed my manager the .gov website. I understand that if I do 1300-1800 shift then the 24 hour period starts at 1300, but can you still do a 9 till 1900 shift the following day . I think you cant as you only have 6 hours duty and 5 hours driving time left , but Manager thinks you can as the 24 hour period resets at 1pm during your shift. 
It is 11 hours duty within any rolling 24 hour period.  By 1pm the next day you will have done 5+4=  9 hours duty,  By 2pm while you are on your break that will drop to 8 hours duty which will roll forward to 6pm then by 7pm that will be back up to 9 hours duty.  So you are fine.
"The progress of the kart is more important than its direction"

helpme

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Re: Dot com ‘rules’
« Reply #90 on: 10-08-18, 11:08AM »
It's not a rolling 24 hours, it's from when you start. You start at 13.00 and it finishes at 13.00 the following day.

Nomad

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Re: Dot com ‘rules’
« Reply #91 on: 10-08-18, 11:35AM »
The 24 hours are 1300(start of duty) to 1300, you must then observe the statutory daily rest period ?
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bluemoonfan

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Re: Dot com ‘rules’
« Reply #92 on: 10-08-18, 01:06PM »
Thanks, that's what I thought as well, oh  well guess I need 2 more drivers tomorrow afternoon now >:(

helpme

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Re: Dot com ‘rules’
« Reply #93 on: 10-08-18, 01:08PM »
If he has worked 13.00 to 13.00 that is one duty period and then it starts over again.
There isn't a statutory rest period because you work under the GB Working Time Regulations 1998 as you're a domestic driver. One of the provisions state that you are entitled to adequate rest which means they are regular and be sufficiently long and continuous to ensure that workers do not harm themselves, fellow workers or others and that they do not damage their health in the short or long term.
So because he has started at 13.00 and worked until 18.00 then had a continuous rest period between then and 09.00 he would be within the limits to work and drive until 19.00 as the new 24 hour duty period would have kicked in.
But he would only have six hours left to use the following day up to 13.00 and will still need his continuous rest period. 

bluemoonfan

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Re: Dot com ‘rules’
« Reply #94 on: 10-08-18, 01:11PM »
Ok thanks, think what isn't helping is the lack of guidance from the powers that be.

fatboy

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Re: Dot com ‘rules’
« Reply #95 on: 10-08-18, 01:51PM »
Yeah there has been no guidance whatsoever. Our TL has given us new hours which still don't comply with the law!! They seem to be clueless. Think also everyone seems to be interpreting the law differently.

helpme

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Re: Dot com ‘rules’
« Reply #96 on: 10-08-18, 02:41PM »
The managers are supposed to have been given guidance packs but the info is totally wrong.
Ours is winging it until tomorrow afternoon and then they are off on holiday for two weeks and they've already said they hope it's sorted before they return and just leaving the TL to deal with it!

fatboy

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Re: Dot com ‘rules’
« Reply #97 on: 10-08-18, 02:53PM »
Sounds like the situation in my store.

security guard

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Re: Dot com ‘rules’
« Reply #98 on: 10-08-18, 04:12PM »
Hi not posted for a while, no longer with Tosca but back driving buss es.  Rules as far as I know are as follows.

Duty day can be measured either way mentioned from midnight to midnight or from any hour to same hour 24 later.
Rest periods are to be11 hours long from end shift to next shift.  On occasions this can be reduced to 8.5 3 times in week but needs to be paid back further down line in week so 13.5 hours needed between shifts.

Hears example of my bus duty I am on
5.30 start till 3pm. 9.5 hours with 1 hour break. This is done sat to Thursday then day off Friday then back shift sat to Thurs 3.30 to 00.15,   9.75 with 45 minute break. 

Day shift week easy to do time on day off  as have more time between shifts and legal as only need one full 24 hour period off every two weeks.

Now technically I can finish at 3pm wait 8.5 hours then go do another full shift and then wait 8.5 hours do another shift and it is legal but you then need to get a longer break before next shift. But this cannot happen on a regular/weekly basis.  I do time sometimes on the basis of rules but my shift tends to ha have more than statutory minimum of 11 hours anyway so can do this.

fatboy

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Re: Dot com ‘rules’
« Reply #99 on: 10-08-18, 04:17PM »
Completely different laws between buses & 3.5 ton vans so above post quite irrelevant.