Air Products - Driver Rest Breaks
Posted on:
Dear Members,
The GMB NNC have raised with the company about drivers rest breaks being interrupted by the company and as such interrupting members legal entitlement to have an uninterrupted rest break. This is 11hours or 9 hours voluntary up to 3 times per week.
This has been raised as we have had members that have stated they have been contacted during their rest breaks for work purposes. This can be from a text message to a phone call, this is illegal, even if you have given permission. We are really concerned as there has been an increase in incidents nationwide, that if a member is involved in an accident, they may be subject to a disciplinary and or legal action, especially if there is a police/DVSA investigation.
We need to reiterate to members that you cannot volunteer to be contacted outside your working hours, and we understand that this may be an inconvenience for some members who prefer to operate this way, but we have to ensure that you are all fully protected and ensure the company are doing what they need to do legally.
The company have confirmed that their process to contact a driver is during working hours only and on a works mobile phone not a personal one. They also support our approach and want members to contact them if this happens, they will also be issuing a note to the management teams.
We will be doing some more work with the company to ensure that best practice is put into place, and we will need members to let us know and the employer if you are contacted. If this is your line manager or scheduler then please report to the next person in charge, if in doubt please speak to your local rep. Legally if you are contacted after you have finished work e.g. finish at 3pm and contacted at 6pm then you are legally entitled to take your 11 hours rest break from 6pm as your break was interrupted.
If you have given your personal mobile number or home number to anyone in the company other than for purposes of your HR records, then you need to inform them to remove your details immediately. The only people that have your personal details is the HR department and this is for employment purposes only.
We need members to do everything they can to ensure that this is implemented, and we will hold management to account if it’s not being done.
Yours on behalf of the collective NNC’s
GILLIAN OGILVIE
GMB NATIONAL LEAD ORGANISER