Zero Hours Contract, advice need

[SicknTired]

I'm looking for some advice if possible.

I currently work for a firm delivering vehicles on the back of a 3.5t van. Since starting (Over 5 months ago), I haven't received a contract, or statement of employment particulars. I'm working for the company on a zero-hours basis.

I have been struggling to keep up with the pressure and workload, and most days exceed 12 hours. I haven't opted out of the 48 hour working week. The average week consists of 58+ hours.

From finishing one day at 8pm, I can be expected to start work at 3/4am the following, which means that usually I'm physically exhausted and spend most of my day trying to keep awake (Not the best thing to hear from someone who drives for a living!!).

I don't get chance to take breaks throughout the day, as the delivery schedules are too tight, and I wouldn't stand a chance of getting all of my jobs done. Therefore, I'm either driving, or loading/unloading a vehicle.

I explain over and over to the boss that I'm struggling to stay awake, yet he still insists on piling up the work, and getting as much work out of me as he can. All he's concerned about is the vehicle and revenue.

I don't get a say in what jobs I'm assigned, I don't get the choice of whether or not I wish to complete certain deliveries. He just assumes that I'll do it, without asking me beforehand.

My van doesn't have a tachograph fitted, as I don't have a trailer, and accordingly don't legally require one. If it did have a tachograph fitted, he wouldn't be able to get anywhere near the work he's getting out of me now.

Where do I stand? I've continually said that I can't do the work assigned, and that it's getting to a point where I'm literally falling asleep at the wheel. My concentration levels throughout the day are non-existent due to the constant working without breaks.

Do I have a legal right to refuse jobs if I don't feel fit to drive? Or a legal right to stop working after 48 hours? Any advice on the matter would be appreciated.

Cheers.

[vanman]

Re: Zero Hours Contract, advice need

GB Domestic rules

GB Domestic rules apply if:

• the maximum permissible weight of your vehicle is under 3.5 tonnes
• your journey is entirely in the UK

https://www.gov.uk/drivers-hours/goods-vehicles

The GB Domestic Drivers’ Hours Rules apply to all drivers of goods vehicles, however small, driven in Great Britain (Northern Ireland has its own rules) in connection with a business, where EU drivers’ hours rules (tacho regulations) don’t apply.

The rules are quite straightforward. In any day (defined as 24 hours from the start of duty) you’re allowed to drive for a maximum of 10 hours. Driving is defined as being at the controls of a vehicle for the purposes of controlling its movement, whether it is moving or stationary with the engine running.
The total amount of time that you’re allowed to be ‘on duty’ for the same 24 hour period is 11 hours.
For an employed driver, including directors of limited companies, ‘on duty’ means any working time, including sweeping the yard, answering the phone, loading and unloading etc.
For a self-employed driver ‘on duty’ means driving the vehicle or carrying out any other work in connection with the vehicle or its load. Answering the phone or sweeping the yard would not be duty time, cleaning the van or loading it up would be.
If you drive for less than 4 hours in a day there are no restrictions on duty time – you could legally work in the warehouse for 10 hours and then drive for up to 4 hours.
There are exemptions to the duty time BUT NOT THE DRIVING TIME for certain trades, but same day courier work wouldn’t fall into any of the exemptions.
If you only ever drive vehicles that are under 3,500kg GVW there is no legal requirement to keep records of your working or driving hours.

• You can drive for up to 10 hours per day, breaks aren’t included in the 10 hours, nor is loading and unloading or waiting time with the engine switched off.
• You can ‘work’ for up to 11 hours per day, breaks aren’t included but all other work is included (unless you’re self-employed when some work doesn’t count).
• The ‘day’ lasts for 24 hours from the time you start work. So if you start at 10.00am today and work for 11 hours then you can’t do any more work until 10.00am tomorrow.
• There are no record keeping requirements for drivers of vans under 3,500kg.
• There is a requirement under the Working Time Directive and Health & Safety laws for drivers to have adequate rest.

[Johnboy007]

Re: Zero Hours Contract, advice need

Take care of what you say or refuse to do.
As you have not worked for the company for the required 2 years, they can dismiss you without giving a reason.
If they are breaking the law however, you can whistle-blow them to the authorities and be covered by the 'unfair dismissal rule'