referance period

[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?

[tachograph]

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

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

[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 ?

[nick2008]

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

[tachograph]

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