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referance period

PostPosted: Sat Jan 13, 2018 12:17 am
by jondeere
who sets the start date of the 26 week period, a driver or the company?
Also do I legally need to know what my average working time is?

Re: referance period

PostPosted: Sat Jan 13, 2018 12:35 am
by tachograph
jondeere wrote:who sets the start date of the 26 week period, a driver or the company?

The reference period is set by a workforce or collective agreement.

If the reference period is not set by a workforce or collective agreement it starts on the first Monday after 1st December, 1st April, 1st August.

http://www.legislation.gov.uk/uksi/2005 ... ion/4/made


jondeere wrote:Also do I legally need to know what my average working time is?

You don't legally always need to know it but you do have a legal right to be told it if you request the information from your employer.

Check out (e) http://www.legislation.gov.uk/uksi/2005 ... on/11/made

Re: referance period

PostPosted: Sat Jan 13, 2018 12:58 am
by jondeere
ok thanks,
so if a driver came from another company and was on week 23, hours maxed out, started at another place that was on week 1, does all his previous time get forgotten about ?

Re: referance period

PostPosted: Sat Jan 13, 2018 2:35 am
by nick2008
jondeere wrote:ok thanks,
so if a driver came from another company and was on week 23, hours maxed out, started at another place that was on week 1, does all his previous time get forgotten about ?

No

Re: referance period

PostPosted: Sat Jan 13, 2018 2:23 pm
by tachograph
nick2008 wrote:
jondeere wrote:ok thanks,
so if a driver came from another company and was on week 23, hours maxed out, started at another place that was on week 1, does all his previous time get forgotten about ?

No

I'm not so sure about that to be honest, the regulations refer to "any reference period which is applicable to his [the mobile workers] case".

I've no idea how companies deal with a situation where a new employees old reference period is different to the new companies reference period, but I would say that legally it's only the current companies reference period that's applicable.

But I could have missed something :wink: