48 hrs per week average rule

allport johnnyb:

TimberToad:

internetfan:
If he does so many hours over the 48hrs limit than he should be getting something like 8-12hrs off, at the end of his 26 weeks reference period, for every week he has been working.
That would mean he would have an extra 2-3 weeks of time off (holiday) at the end of his 26 weeks reference period.

Thanks

Yes he would have a holiday, although it would be an unpaid one as a weeks paid holiday counts as a 48 hour working week. :smiley:

i understand that they can’t pay you as then your working so that means being stood down without pay.

Time off work only count towards the average 48 hour week if it’s part of the 4 weeks statutory holiday mentioned in article 13 of the working time regulations 1998, or if it’s maternity/paternity leave or time off sick.

Otherwise the time off can be used to reduce the average week regardless of whether you’re paid or not.

am having the same disagreement with my company 8 months ago if we had completed all jobs for the day they would send us home but now we have to stay until our shift has finished which could be 3 hours now were going to be close for our 48 hour average no one listens to my views

allport johnnyb:
am having the same disagreement with my company 8 months ago if we had completed all jobs for the day they would send us home but now we have to stay until our shift has finished which could be 3 hours now were going to be close for our 48 hour average no one listens to my views

This thing of having to sit in the canteen for 3/4/5 hrs to make your hours up to the guaranteed hours your paid does my head in,it’s just so pointless,you’ve done the work they planned for you,there’s nothing else available so what’s the point in making the driver sit there getting more wound up by the minute,just sign him up for his guaranteed hours ,let him go home and get a few hours shut eye( he started midnight) then when you want a favour he will do it,not tell you to zb off
It also makes me laugh when they ask you to sweep the yard,clean etc,NO I’m employed as a truck driver not a bloody cleaner,I’m going asleep.
That said our completely changed there change this week and signed me up for two day for 10.5 hrs per day,both 5 hr shifts :smiley: :smiley: ,then I got 3x15 hrs+ a 13 hr shift,I didn’t complain once about those shifts :wink: honest :exclamation: :exclamation:

allport johnnyb:
am having the same disagreement with my company 8 months ago if we had completed all jobs for the day they would send us home but now we have to stay until our shift has finished which could be 3 hours now were going to be close for our 48 hour average no one listens to my views

those last 3 hours should be recorded as break or poa…so wont count towards your average.

So this morning I’m issued with a letter telling me I am over my 48 hr WTD hours and if I do not rectify the situation I will be put through company procedure( I’m guessing they mean disciplinary procedure ), long list of when I should be putting mode on poa,but the jist is I have to keep under 48 hrs hours whatever.I handed back letter and said I wasn’t accepting it a.f.a.i.a.k I’m doing the job I’m given 100% legal and can do no more than I’m doing!the content of the work is the problem?I brought up the fact the manager had said if I can’t keep my hours within 48 hr WTD he would manage them,and now with the threat of company procedure looming he’d obviously failed to keep my hours within 48 hrs WTD so was he being put through procedure as well :exclamation: :exclamation: ,it was left at that.
When I arrived back I was called to the upstairs office( me expecting it too go off big time,I’ve had enough :smiling_imp: ) only to be asked can I help them out and work o/t this week :open_mouth: :unamused: :unamused: :smiling_imp: ,I told the bloke straight,your threatening me with company procedure for averaging over 48 hrs WTD in the morning,then asking me if I can work o/t in the afternoon,are you on a bloody wind up :smiling_imp: :smiling_imp: :unamused: .
No look your not understanding what going on ( your not bloody kidding ).
Your falling foul of the 48 WTD on the stobart system( gts) ,stobarts have offered all the information to vosa,and vosa can view it through gets,so your 48 hr WTD has to be correct on stobarts systems of working ,at the moment your not achieving that.
But don’t worry ,legally your fine( aye), if we look at your WTD hours taken off of your taco graph card your actually averaging 43.5 hrs over the last 17 weeks( I think he said 17 week,my brain was hurting by now).
So your fine to work o/t this weekend and fine to continue to do so,were also not going to change the content of your work from shop deliveries to chilled( I asked for that to get more break/ poa in),you will continue to do shop deliveries.
Legally your fine,it’s just if vosa view your WTD hours through gets your not,you just need to work on this.
I’ve never in all my days been so bloody confused,I’m legal but not with vosa if they view my hours through gts,they want me too cut my WTD hours,but when I suggest I won’t work any o/t they say no I’m fine to work it,the work I’m doing is taking me over the WTD on stobarts system but it’s not if you take it off my tacho,ā– ā– ā– ā– ā– ā–  letter telling me I’m being put through procedure but in the afternoon I’m fine to work o/t even though it’s going to put my WTD up on there system.
And they say truck driving is such a easy ,stress free profession,it was

pmsl @ dozy’s post :laughing:

You’re hours are legal but not with VOSA, you couldn’t make that up could you :smiley:

dozy:
So this morning I’m issued with a letter telling me I am over my 48 hr WTD hours and if I do not rectify the situation I will be put through company procedure( I’m guessing they mean disciplinary procedure ), long list of when I should be putting mode on poa,but the jist is I have to keep under 48 hrs hours whatever.I handed back letter and said I wasn’t accepting it a.f.a.i.a.k I’m doing the job I’m given 100% legal and can do no more than I’m doing!the content of the work is the problem?I brought up the fact the manager had said if I can’t keep my hours within 48 hr WTD he would manage them,and now with the threat of company procedure looming he’d obviously failed to keep my hours within 48 hrs WTD so was he being put through procedure as well :exclamation: :exclamation: ,it was left at that.
When I arrived back I was called to the upstairs office( me expecting it too go off big time,I’ve had enough :smiling_imp: ) only to be asked can I help them out and work o/t this week :open_mouth: :unamused: :unamused: :smiling_imp: ,I told the bloke straight,your threatening me with company procedure for averaging over 48 hrs WTD in the morning,then asking me if I can work o/t in the afternoon,are you on a bloody wind up :smiling_imp: :smiling_imp: :unamused: .
No look your not understanding what going on ( your not bloody kidding ).
Your falling foul of the 48 WTD on the stobart system( gts) ,stobarts have offered all the information to vosa,and vosa can view it through gets,so your 48 hr WTD has to be correct on stobarts systems of working ,at the moment your not achieving that.
But don’t worry ,legally your fine( aye), if we look at your WTD hours taken off of your taco graph card your actually averaging 43.5 hrs over the last 17 weeks( I think he said 17 week,my brain was hurting by now).
So your fine to work o/t this weekend and fine to continue to do so,were also not going to change the content of your work from shop deliveries to chilled( I asked for that to get more break/ poa in),you will continue to do shop deliveries.
Legally your fine,it’s just if vosa view your WTD hours through gets your not,you just need to work on this.
I’ve never in all my days been so bloody confused,I’m legal but not with vosa if they view my hours through gts,they want me too cut my WTD hours,but when I suggest I won’t work any o/t they say no I’m fine to work it,the work I’m doing is taking me over the WTD on stobarts system but it’s not if you take it off my tacho,[zb] letter telling me I’m being put through procedure but in the afternoon I’m fine to work o/t even though it’s going to put my WTD up on there system.
And they say truck driving is such a easy ,stress free profession,it was

If i was you i’d be keeping every memo and letter they sent me in a big file folder, just incase.

And records of every meeting time, date, person and who’s office

internetfan:
OK, so ā€œa friend of mineā€ works for a company that pushes him to work up to the limit of 60 hrs per week every week.
They apparently, have a workplace agreement that extends reference period from 17 to 26 weeks.
If 48 per week rule is enforceable and something to be taken seriously than he should be getting a few days off at the end of his 26 weeks reference period as he regulary does 55, 57, 59, 60 hrs every week, not including POAs, this is only driving and other work.
He would love to work less per week, but he’s got no choice as he is being pushed to max hours .
If he does so many hours over the 48hrs limit than he should be getting something like 8-12hrs off, at the end of his 26 weeks reference period, for every week he has been working.
That would mean he would have an extra 2-3 weeks of time off (holiday) at the end of his 26 weeks reference period.
That’s if the 48 hrs average per week rule is enforceable and he hopes it is, as he is on weekly/monthly wage, a and not paid per hour, so the more hours he works the less he gets paid per hour.