i have had a search about and cannot find the answer to my question which is
When taking paid holiday in the reference period what should be put in its place? By this i mean on tachomaster system. There is an option to record holiday which it counts as zero unless times are entered manualy. My company is using this to reduce your average work time hours. We are salaried if it makes any difference.
In otherwords should the hours for the holiday be zero or should a value be entered into the system?
turborange:
i have had a search about and cannot find the answer to my question which is
When taking paid holiday in the reference period what should be put in its place? By this i mean on tachomaster system. There is an option to record holiday which it counts as zero unless times are entered manualy. My company is using this to reduce your average work time hours. We are salaried if it makes any difference.
In otherwords should the hours for the holiday be zero or should a value be entered into the system?
What your company puts on Tachomaster is up-to them I guess, but if these figures are being used to calculate your working time for the WTD for mobile workers then your company are probably not complying with the WTD for mobile workers regulations
You are not allowed to use statutory holiday to reduce the weekly average for the WTD.
You should book 8 hours for single days statutory holiday and 48 hours for a full weeks statutory holiday.
Holidays that are not part of the 4.8 weeks statutory holiday are not counted for the WTD so you would book nothing and those days can be used to reduce the average weeks working time.
You cannot use the four weeks statutory annual leave provided by regulation 13 of the 1998 Regulations - sick leave, maternity, paternity, adoption or parental leave in order to reduce the average working time performed during the reference period.
Annual leave
When using a fixed reference period to calculate average weekly working time “notional” working time figures must be recorded when any of the four weeks statutory leave provided by regulation 13 of the 1998 Regulations is taken. This is to ensure that such leave is ‘neutral’ for the purpose of calculating weekly working time. These notional figures are 48 hours per week and 8 hours per day.
However, “notional” figures do not have to be recorded for the statutory annual leave provided by regulation 13A of the 1998 Regulations or for any additional contractual leave entitlements provided in excess of the statutory minimum (see section 2.4 for further information).
So the amount of working time that must be recorded when a mobile worker takes a day’s leave depends on the type of leave being taken: if a mobile worker were to take a day’s leave that was part of:
the 4 weeks statutory annual leave provided by regulation 13 of the 1998 Regulations, then 8 hours working time would have to be recorded;
the additional 0.8 weeks statutory annual leave provided by regulation 13 A of the 1998 Regulations, then zero hours working time would have to be recorded;
additional contractual leave in excess of the 4.8 weeks statutory annual leave entitlement, then zero hours working time would need to be recorded.
The Regulations do not state how a ½ day’s statutory annual leave provided by regulation 13 of the 1998 Regulations should be recorded. The Department would consider it reasonable that in these situations a “notional” figure of 4 hours for the ½ days leave be recorded plus the actual amount of working time for that day.
PS. The reason your search came up with nothing is because we still don’t have a working search facility on this forum
What the guy above me said is correct…but it’s a long read
To put it simply…for Statutary holiday, which is 4.8weeks you need to enter 8 hours per day, or 48 hours for a full week…but for any other holiday, you can use it to reduce your average working time.
The only thing Im not sure about is what is a ‘week’ when referring to holiday?..is it a working week of 5 days or a full week of 7 days? The reason I ask is because 4.8 weeks of a working 5 day week is 24 days, and 4.8 weeks of a full 7 day week is roughly 33 days…so which is it? I’m sure that its a 5 day working week but It’d be much easier if it was just written how many days off you’re legally entitled to, instead of 4.8 weeks!
However…with the rule of 48 hours for a full week…that equates to 6 days as a working week! HELP ME
if you add 7 Days of annual leave into Tachomaster starting on a Monday it will count as 48 hours towards the WTD, if you only add 5 days of annual leave it will count as 40hours
tony66:
if you add 7 Days of annual leave into Tachomaster starting on a Monday it will count as 48 hours towards the WTD, if you only add 5 days of annual leave it will count as 40hours
Well I suppose they only do that to give you an averge so It doesnt effect your average total…but how much holiday is 4.8 weeks in days?..regardless of what job you do.
You cannot use the four weeks statutory annual leave provided by regulation 13 of the 1998 Regulations - sick leave, maternity, paternity, adoption or parental leave in order to reduce the average working time performed during the reference period.
My company have recorded all holiday as zero and even my 2 weeks paternity as zero. They only use tachomaster to calculate our WTD. They have just reduced our wages by £6000 on nights and £3500 on days as we are not averaging 48hrs.
As i read it the first 20 days holiday should be recorded and the additional 5 days we get are recorded at zero. What about bank holidays?
You cannot use the four weeks statutory annual leave provided by regulation 13 of the 1998 Regulations - sick leave, maternity, paternity, adoption or parental leave in order to reduce the average working time performed during the reference period.
My company have recorded all holiday as zero and even my 2 weeks paternity as zero. They only use tachomaster to calculate our WTD. They have just reduced our wages by £6000 on nights and £3500 on days as we are not averaging 48hrs.
As i read it the first 20 days holiday should be recorded and the additional 5 days we get are recorded at zero. What about bank holidays?
You should tell them this and demand things are done properly…thats a lot of money to be missing out on! Bank holidays are non statuary holidays…so they don’t count. On the plus side…from 1st april we get 5.6 weeks holiday but yeah…either tellyour bosses to do things properly or report them to VOSA
You’re entitled by law to 4.8 weeks statutory holiday per year, this is 4.8 times your usual working week (not overtime).
So as most of us work a 5 day week we’re entitled to 24 days statutory holiday per year.
If you’re contracted to work a 6 day week it would be 4.8 weeks at 6 days per week (28.8 days holiday but I’m not sure what would happen about the odd 0.8 day).
The statutory holiday entitlement goes up to 5.6 weeks per year on April 1st 2009 (honestly it does ), again that’s 5.6 times your usual working week.
The 4.8 weeks holiday (24 days) should be booked for the WTD as 8 hours for single days (any amount less than a week) and 48 hours for a full week of 5 days between Monday and Sunday.
The regulations are quite clear on this so if the company are not counting all statutory holiday for the WTD they are breaking the law and screwing you if you’re salaried.
I won’t bother to repeat it but see the quote in my previous post, that makes it quite clear that statutory holiday should not be used to reduce the average week during the reference period.
turborange:
As i read it the first 20 days holiday should be recorded and the additional 5 days we get are recorded at zero. What about bank holidays?
Wrong, the whole 4.8 weeks (24 days on a 5 day week) of statutory holiday and paternity leave should be counted for the WTD at the hours I’ve already posted above
Bank holidays if taken would normally count as part of the statutory holiday of 4.8 weeks.
found this just in case you need to know if the holliday starts mid week
Road Transport (Working Time) Regulations 2005
Note: You should only input 48 hours for one week of leave that starts / finishes 00.00 on
Monday morning. Any other period of 7 consecutive days (e.g. Wednesday to Tuesday)
should be worked out on a daily basis).
delboytwo:
found this just in case you need to know if the holliday starts mid week
Road Transport (Working Time) Regulations 2005
Note: You should only input 48 hours for one week of leave that starts / finishes 00.00 on
Monday morning. Any other period of 7 consecutive days (e.g. Wednesday to Tuesday)
should be worked out on a daily basis).
That’s because you’re taking 2 part weeks, which happens to add up to a full week, you’re not taking a full week. 2 part weeks must be too complicated for the software, so you have to enter it day by day
