As I’m mainly doing agency work at the moment, I can get called out at anytime so obviously need to make sure I’m within the rules. So, my question is, are you allowed to pay back a reduced weekly rest in advance as per the following scenario…
Sat, Sun, Mon (Off - minimum 72 hours rest i.e 45 hours and at least 27 in hand to carry forward*)
Tue, Wed, Thur, Fri, Sat, Sun (work - within the hours rules with appropriate breaks / rests)
Monday (Off - reduced weekly rest 24 hours)
Tue, Wed, Thur, Fri (work - within the hours rules with appropriate breaks / rests)
Sat, Sun (Off - weekly rest 45 hours +, reduced weekly rest the previous week already paid back from the week before*)
You can’t carry compensation forwards, but you might find in your scenario that you’re OK anyway.
Your reduced rest on the Monday would have been a lot more than 24h, I assume. How long did you have between finishing work on the Sunday and starting on the Tuesday?
Your full weekly rest on the Sat/Sun would also have been a lot more than 45 hours, possibly enough to compensate.
For example, if you finished 1900 Sunday and started 0600 Tuesday your rest would have been 35 hours not 24, so you would only have 10 hours to make up.
If you then finished at 1900 on the Friday then you will have had your 45 hours rest and the 10 hours compensation by 0200 on Monday morning so you’re free to start again fully compensated.
MAT:
Sat, Sun, Mon (Off - minimum 72 hours rest i.e 45 hours and at least 27 in hand to carry forward*)
Tue, Wed, Thur, Fri, Sat, Sun (work - within the hours rules with appropriate breaks / rests)
Monday (Off - reduced weekly rest 24 hours)
Tue, Wed, Thur, Fri (work - within the hours rules with appropriate breaks / rests)
Sat, Sun (Off - weekly rest 45 hours +, reduced weekly rest the previous week already paid back from the week before*)
Full weekly rest
work tue to sun
Reduced weekly rest of 24 hours - 21 to pay back (WAS IT EXACTLY 24 OR MORE ?)
work tue to fri
Full weekly rest of ■■? hours
It is legal so far but whether the ‘payback’ has been done or not remains to be seen as it requires more info.
Thanks guys, the point was, are you allowed to carry compensation forward? which it seems you aren’t - as it happens, in this case there were enough rest hours anyway. It’s a shame though because in agency work, you may find you don’t work for 3, 4 or 5 days and then are stacked out for 3 weeks which is why I wondered if you could carry your quiet spell forward and work to the max in busier periods.
MAT:
As I’m mainly doing agency work at the moment, I can get called out at anytime so obviously need to make sure I’m within the rules. So, my question is, are you allowed to pay back a reduced weekly rest in advance as per the following scenario…
Sat, Sun, Mon (Off - minimum 72 hours rest i.e 45 hours and at least 27 in hand to carry forward*)
Tue, Wed, Thur, Fri, Sat, Sun (work - within the hours rules with appropriate breaks / rests)
Monday (Off - reduced weekly rest 24 hours)
Tue, Wed, Thur, Fri (work - within the hours rules with appropriate breaks / rests)
Sat, Sun (Off - weekly rest 45 hours +, reduced weekly rest the previous week already paid back from the week before*)
No you can not pay back compensation for a reduced weekly rest period in advance so in your example you could still need to pay back compensation for the reduced weekly rest periods, depends how you want to play it.
Assuming that you start with a clean slate in your example and the first weekly rest can be counted for the first week of you example, the last weekly rest period on Saturday and Sunday will count as a full weekly rest for that week and a reduced weekly rest for the following week so you have nothing to payback.
The reduced rest on Monday can be forgotten as you have a full weekly rest at the end of the same week so you have nothing to pay back, or you can count the last rest period as the full weekly rest for the following week in which case you will need to pay back for the Monday, as far as I can see it’s your choice
The question you asked was “are you allowed to pay back a reduced weekly rest in advance” and the answer is very definitely not.
ROG:
Full weekly rest
work tue to sun
Reduced weekly rest of 24 hours - 21 to pay back (WAS IT EXACTLY 24 OR MORE ?)
work tue to fri
Full weekly rest of ■■? hours
It is legal so far but whether the ‘payback’ has been done or not remains to be seen as it requires more info.
That’s fine ROG but you seem to have completely missed the question that was asked
MAT:
Thanks guys, the point was, are you allowed to carry compensation forward? which it seems you aren’t - as it happens, in this case there were enough rest hours anyway. It’s a shame though because in agency work, you may find you don’t work for 3, 4 or 5 days and then are stacked out for 3 weeks which is why I wondered if you could carry your quiet spell forward and work to the max in busier periods.
No but by careful planning of your rest periods, as in which applies to which week, you can usually get a lot of working time in if you wish to. One thing which can work in your favour when you have a few days of is that a long enough period of rest can be counted as two back to back rest periods and each could be counted for different weeks which can give you lots of scope for working.
ROG:
Full weekly rest
work tue to sun
Reduced weekly rest of 24 hours - 21 to pay back (WAS IT EXACTLY 24 OR MORE ?)
work tue to fri
Full weekly rest of ■■? hours
It is legal so far but whether the ‘payback’ has been done or not remains to be seen as it requires more info.
That’s fine ROG but you seem to have completely missed the question that was asked
As normal.
I’ve not been in long so only just got round to this question and you beat me to it on the fact there may not be any compensation required for that reduced weekly rest. It was the first thing I noticed when I read the first post, scrolled down to post to that effect then saw your post.
Must be a ‘Guru’ thing eh, spot the obvious without getting sidetracked?
