question from a friend

[Spent2much]

I can't remember what job he does but they get a lift in a van to the works site , just recently until there is something needs doing on site they are told to sit in the van , the problem is they are in there for 6 hours at a time , they can get out to go to the toilet but other than that they are not allowed out.

This has to be against health safety surely ?

[SXGuy]

Re: question from a friend

What worries me, is the whole scenario to be honest. Can I ask a question, and I don't mean to sound judgemental or anything like that, but does you friend receive a proper wage slip for his work? or is it cash in hand?

The reason I ask is, an awful lot of labour jobs, where you are picked up by a van if there is work, tends to be cash in hand jobs.

And well, if that's the case, I cant really see an argument for health and safety if you get what im saying?

Sorry if ive completely misunderstood.

If they are made to wait in the van, for up to 6 hours, until there is a job they can do, that really does sound like illegal sub contracting cash in hand jobs.

[Spent2much]

Re: question from a friend

yes it is a proper job he gets working tax credits and to receive that you need wage slips and the name of the company .

[SXGuy]

Re: question from a friend

Ok cool, just sounded really fishy that was all. In that case, I don't think its right to be made to sit in a van for up to 6 hours, even a desk job has a requirement in law to have a break every hour or so.

[Spent2much]

Re: question from a friend

Ok cool, just sounded really fishy that was all. In that case, I don't think its right to be made to sit in a van for up to 6 hours, even a desk job has a requirement in law to have a break every hour or so.

It's okay and i understand why you would think that i didn't give a lot of information because i don't have any lol, but he is working for a company and paying tax and NIC .
I will mention to him that they could be breaking the law . Thanks for replying and offering some help

[tastyjane]

Re: question from a friend

Rest breaks at work

Workers have the right to one uninterrupted 20 minute rest break during their working day (this could be a tea or lunch break), if they work more than 6 hours a day.

Hi,

Is your friend classed on call during the 6 hours? Is he paid for the hours sitting in the van? As you will see above after 6 hours then you are entitled to a 20 minute rest break. To be honest this sounds like a really odd situation and if they employ more than 5 people then a risk assessment should have been carried out if they are being paid for those hours. But although strange, if the appropriate risk assessment has been carried out I suspect it isn't illegal.

Jane x

[Spent2much]

Re: question from a friend

Hi Jane, My friend is driver moves news cars on a dock I believe he is paid for sitting in the van . It is a proper paid job with NIC and tax as he had to show the council his wage slips to apply for council tax benefit , besides that he is like us too scared to work illegally lol .
He said they do not get a break for lunch uninterrupted .

s2m x

[SaltnVinegar]

Re: question from a friend

This has to be against health safety surely ?

Hi Jane, My friend is driver moves news cars on a dock I believe he is paid for sitting in the van

I would not be surprised, if your friend is dockside, that it may actually be a breach of H&S law for him to be wandering around if he doesn't have any work to be doing hence why he has to sit in his van and there is also a possible security consideration which could be the reason behind this too.

If he is finding sitting in the van uncomfortable, perhaps he can ask if they have a portacabin where they may have tea/coffee machine etc where he could sit instead?

As long as he is being paid for the time he is sitting in the van, and he is able to take a break by walking to the toilet etc, then it doesn't sound too bad a situation.

Best
SnV

[tastyjane]

Re: question from a friend

Spent2Much - its the 6 hours that is the key - work 6 hours no break, work 6 hours and a couple of minutes entitlement to a break - I suspect this is why they work 6 hour shifts! Get him to ask to see the risk assessment - there should be one done.

Jane x

[5corpio]

Re: question from a friend

Network Rail tends to sit in the van a lot and don't do anything till the Line is closed etc or if the job is rained off!!!