Insufficient weekly rest? Need help

Hi, I always thought that working 2 consecutive 6 day shifts were legal as long as the difference from the reduced weeks from 45 hours were paid back by the end of the 3rd week as long as it was attached to at least a reduced daily rest, in 1 block. Maybe someone can take a look and tell me that ive missed something?

A fixed week is sunday midnight to sunday midnight
Each fixed week must have a weekly rest in it
A weekly rest that is at least 1 minute into that fixed week can be used for that week
A weekly rest that spans 2 weeks cannot be used for both weeks UNLESS that rest has enough hours in it to be split between the two weeks
Every other fixed week must have a 45 hour weekly rest

There are one off occasions but generally you cannot show 2 reduced weekly rests in a row for two fixed weeks

From your printouts it seems you have
regular
reduced
regular
regular
so all is ok so far on the first lot

Now the second lot
reduced
regular
reduced
regular
Still ok

Unless I am missing something :question:
EDIT - YES I DID - I missed a week out of the calculations so ignore my reply as it is incorrect :blush:

Week starting 14 January you had a reduced weekly rest period of 38 hours 45 minutes.
Week starting 21 January you had a reduced weekly rest period of 37 hours 15 minutes.

That’s 2 consecutive weeks with only reduced weekly rest periods so that’s an infringement.

There are circumstances when you can have reduced weekly rest periods in 2 consecutive weeks but unless you understand how it works I would advise you not to.

tachograph:
There are circumstances when you can have reduced weekly rest periods in 2 consecutive weeks but unless you understand how it works I would advise you not to.

Spot on…Tachgraph…what are the circumstances? I wouldn’t mind trying to get to grips with it as I’m on a rolling rota, and sometimes my rota have me a 1 day rest.
Thanks

m3cab:

tachograph:
There are circumstances when you can have reduced weekly rest periods in 2 consecutive weeks but unless you understand how it works I would advise you not to.

Spot on…Tachgraph…what are the circumstances? I wouldn’t mind trying to get to grips with it as I’m on a rolling rota, and sometimes my rota have me a 1 day rest.
Thanks

Where you take a full weekly rest in week 1, a reduced at the start of week2, a reduced later in week 2, a full in week 3.

As you can see from the above, in Week 1-2 you have a full and a reduced and in week 2-3 you have a reduced and full so in any two weeks you’ve had at least one full break so satisfy the rule of having a full break every other week.

m3cab:

tachograph:
There are circumstances when you can have reduced weekly rest periods in 2 consecutive weeks but unless you understand how it works I would advise you not to.

Spot on…Tachgraph…what are the circumstances? I wouldn’t mind trying to get to grips with it as I’m on a rolling rota, and sometimes my rota have me a 1 day rest.
Thanks

See if this topic helps viewtopic.php?f=2&t=90225#p1281759

It can be a bit hard to get your head around so feel free to ask here if there’s anything you don’t understand about it :wink:

ROG:
A fixed week is sunday midnight to sunday midnight
Each fixed week must have a weekly rest in it
A weekly rest that is at least 1 minute into that fixed week can be used for that week
A weekly rest that spans 2 weeks cannot be used for both weeks UNLESS that rest has enough hours in it to be split between the two weeks
Every other fixed week must have a 45 hour weekly rest

There are one off occasions but generally you cannot show 2 reduced weekly rests in a row for two fixed weeks

Sunday midnight to Sunday midnight as in Monday 00:00 to Monday 00:00?
What about on weeks where your weekly rest starts from Sunday 2am till Monday 1700?

m3cab:
Sunday midnight to Sunday midnight as in Monday 00:00 to Monday 00:00?
What about on weeks where your weekly rest starts from Sunday 2am till Monday 1700?

Correct - well, near enough :smiley:

If weekly rest is as you say from sunday 0200 to monday 1700 then that is a reduced weekly rest of 39 hours which can be used for the week ending or the week starting but not both

ROG:

m3cab:
Sunday midnight to Sunday midnight as in Monday 00:00 to Monday 00:00?
What about on weeks where your weekly rest starts from Sunday 2am till Monday 1700?

Correct - well, near enough :smiley:

If weekly rest is as you say from sunday 0200 to monday 1700 then that is a reduced weekly rest of 39 hours which can be used for the week ending or the week starting but not both

Even tho you had a regular rest (45hrs +), but because it falls on Sunday to Monday it is split as 2 reduced weekly rests for eachbfixed week?

There are 2 types of week, a working week is the time between weekly rest periods, a fixed week is 00:00 Monday to 24:00 Sunday.

You must have a weekly rest period that can count for each fixed week.

You must have a regular weekly rest period that can count for every second fixed week.

A weekly rest period that crosses Sunday midnight can count for either week but not both.

Sent from my mobile.

Sunday midnight does not split a weekly rest

Example
Start weekly rest at 1000 saturday and finish at 0700 monday = 45 hours regular weekly rest which can either be used for the week ending OR the week starting but not both

tachograph:
Week starting 14 January you had a reduced weekly rest period of 38 hours 45 minutes.
Week starting 21 January you had a reduced weekly rest period of 37 hours 15 minutes.

That’s 2 consecutive weeks with only reduced weekly rest periods so that’s an infringement

Still trying to get my head round this!!!

I’m wondering why the 2 weeks from 31st Dec to 13th Jan not thrown an infringement?
That’s 2 consecutive reduced weekly rests?

m3cab:
Still trying to get my head round this!!!

I’m wondering why the 2 weeks from 31st Dec to 13th Jan not thrown an infringement?
That’s 2 consecutive reduced weekly rests?

You had the 13th and 14th off which counted as a regular weekly rest period for the week beginning on the 7th January.

Sent from my mobile.

week 31 dec to 6 jan = reduced weekly rest on mon 1 + sun 6
week 7 to 13 jan = regular weekly rest on sun 13 + mon 14
week 14 to 20 jan = reduced weekly rest on sun 20
week 21 to 27 jan = regular weekly rest on sun 27

ROG:
week 21 to 27 jan = regular weekly rest on sun 27

that should be reduced?

Great info guys, our TM just says " Ehh…You cant do it cus Tachomaster says you cant".
Am i correct in saying that if Jan 6th and 7th were a regular rest, therefore making the 13th and 14th jan count as a regular for 2 weeks 14th to 27th jan, then the infringement in question wouldn’t have occurred?

m3cab:

ROG:
week 21 to 27 jan = regular weekly rest on sun 27

that should be reduced?

Great info guys, our TM just says " Ehh…You cant do it cus Tachomaster says you cant".
Am i correct in saying that if Jan 6th and 7th were a regular rest, therefore making the 13th and 14th jan count as a regular for 2 weeks 14th to 27th jan, then the infringement in question wouldn’t have occurred?

21 to 27 is reduced - my bad AGAIN :blush:
I keep having to change between 2 tabs

m3cab:
Am i correct in saying that if Jan 6th and 7th were a regular rest, therefore making the 13th and 14th jan count as a regular for 2 weeks 14th to 27th jan, then the infringement in question wouldn’t have occurred?

A regular weekly rest period can only count for one week not 2 but I think I know what you mean anyway.

You are correct that if you’d had a regular weekly rest period on the 6th and 7th it would have counted for the week beginning on the 7th, the regular weekly rest period on the 13th and 14th could then have counted for the week beginning on the 14th resulting in no infringement.

Looks like you’re beginning to understand it now :wink: