Can I run the following hours conundrum by you and see if you agree if I’m right in my assumption…
These are hours I’ve worked since 30 Dec (for each day / week you can assume that I’m within driving and WTD hours allowed)…
Mon 28 Weekly Rest
Tue 29 Weekly Rest (combined two days in excess of 45 hours)
Wed 30 Work
Thu 31 Work
Fri 1 Rest (33 Hours)
Sat 2 Work
Sunday 3 Work
Monday 4 Work
Tuesday 5 Rest (39 hours)
Wed 6 Work
Thur 7 Work
Friday 8 Work
In the above example, can I consider the rest on Fri 1st as a reduced weekly rest period and that the reduction (i.e 12 hours) is paid back on Tuesday 5th attached to a daily rest period (minimum 9 hours as the rules state).
If I understand this correctly, I have paid back the necessary rest reduction within the 3 week period and can then continue to work from Wed 6 for 6 days, before taking a weekly rest of 45 hours. OR, take further reduced rest periods as long as I pay it all back on block by the third week from the original rest period which would be rest commencing Monday 18th Jan i.e 45 hours plus whatever reduction owed.
Mon 28 Weekly Rest
Tue 29 Weekly Rest (combined two days in excess of 45 hours) - FULL WEEKLY REST SO FRESH START HERE
Wed 30 Work - NEED WEEKLY REST ON TUE 5
Thu 31 Work
Fri 1 Rest (33 Hours) - NOT NEEDED (SEE BELOW) SO IGNORE
Sat 2 Work
Sunday 3 Work
Monday 4 Work
Tuesday 5 Rest (39 hours) - REDUCED WEEKLY REST (NOW 6 HOURS OWING)
Wed 6 Work
Thur 7 Work
Friday 8 Work
NEED FULL WEEKLY REST ON OR BEFORE TUE 12
MAT:
Mon 28 Weekly Rest
Tue 29 Weekly Rest (combined two days in excess of 45 hours)
Wed 30 Work
Thu 31 Work
Fri 1 Rest (33 Hours)
Sat 2 Work
Sunday 3 Work
Monday 4 Work
Tuesday 5 Rest (39 hours)
Wed 6 Work
Thur 7 Work
Friday 8 Work
In the above example, can I consider the rest on Fri 1st as a reduced weekly rest period and that the reduction (i.e 12 hours) is paid back on Tuesday 5th attached to a daily rest period (minimum 9 hours as the rules state).
If I understand this correctly, I have paid back the necessary rest reduction within the 3 week period and can then continue to work from Wed 6 for 6 days, before taking a weekly rest of 45 hours. OR, take further reduced rest periods as long as I pay it all back on block by the third week from the original rest period which would be rest commencing Monday 18th Jan i.e 45 hours plus whatever reduction owed.
As you’ve had a full weekly rest in week one you don’t need to compensate for the reduced weekly rest on Friday 1st.
The reduced weekly rest on Tuesday 5th will count for week 2 and also allow you to start a new period of six 24 hour periods.
You will need to compensate for the reduced weekly rest on Tuesday 5th by 31st January.
You will need to begin either a reduced weekly rest or a full weekly rest no later than Tuesday 12th.
If you have a reduced weekly rest on Tuesday 12th then you will need to start a full weekly rest no later than 23:59 Sunday 17th which will count for week 3 (11th to 17th January), no compensation will be required for any reduced weekly rest on Tuesday 12th (if taken) as you will also be having a full weekly rest that same week.
ROG:
NEED FULL WEEKLY REST ON OR BEFORE TUE 12
Wrong, he needs to have either a reduced weekly rest or a full weekly rest by that date, either way he needs to have started a full weekly rest no later than 23:59 17th January.
tachograph:
As you’ve had a full weekly rest in week one you don’t need to compensate for the reduced weekly rest on Friday 1st.
that rest could have being for week commencing on 21/12/2009 as it looks like it may of started sometime on Sunday as you know a rest that starts in one week can be used in ether week but not both
tachograph:
Wrong, he needs to have either a reduced weekly rest or a full weekly rest by that date, either way he needs to have started a full weekly rest no later than 23:59 17th January.
I now see my error - the date you put for a FULL weekly rest would comply - I made the error of ASSUMING that, after the date I put, he would be doing another 5 or 6 shifts…
I wondered why I assumed this but looking at the shift pattern I can see why
The runners and riders assembled in the paddock, then they made their way to the starting line…
And…
They’re off…
ROG takes an early lead, but is quickly caught and overtaken by Del…
tachograph overtakes the pair of 'em, ROG falters then stumbles, and comes up with an excuse for it and eventually finishes in third place, but there’s to be a steward’s enquiry…
Watch this space, cos I’m pretty sure that the result will appear here!!
dieseldave:
The runners and riders assembled in the paddock, then they made their way to the starting line…
And…
They’re off…
ROG takes an early lead, but is quickly caught and overtaken by Del…
tachograph overtakes the pair of 'em, ROG falters then stumbles, and comes up with an excuse for it and eventually finishes in third place, but there’s to be a steward’s enquiry…
Watch this space, cos I’m pretty sure that the result will appear here!!
your flogging a dead horse there mate i an never come last i am a thoroughbred with breeding
I remember long argumen… err discussions with the three people who have answered the OP’s question about whether a second weekly rest in a week required compensation or not. It used to be my lone voice against theirs and now they are all singing from the same song sheet as me, it makes me feel all warm and fuzzy inside.
Not all three were as easy to show the error of their ways to, you know who you are.
Coffeeholic:
I remember long argumen… err discussions with the three people who have answered the OP’s question about whether a second weekly rest in a week required compensation or not. It used to be my lone voice against theirs and now they are all singing from the same song sheet as me, it makes me feel all warm and fuzzy inside.
Not all three were as easy to show the error of their ways to, you know who you are.
i am as easy as the come mate uÊop Çpısdn ʇıq É É¯Çɥʇ ʇÇƃ ʇsnɾ ı ƃuoÉ¹Ê sÊžuıɥʇ ʇÇƃ ɹÇÊŒÇu ı uÉ
Coffeeholic:
I remember long argumen… err discussions with the three people who have answered the OP’s question about whether a second weekly rest in a week required compensation or not. It used to be my lone voice against theirs and now they are all singing from the same song sheet as me, it makes me feel all warm and fuzzy inside.
Not all three were as easy to show the error of their ways to, you know who you are.
i am as easy as the come mate uÊop Çpısdn ʇıq É É¯Çɥʇ ʇÇƃ ʇsnɾ ı ƃuoÉ¹Ê sÊžuıɥʇ ʇÇƃ ɹÇÊŒÇu ı uÉ
ROG:
I did not do too bad on that question especially as I based my answer on what seemed to be the OPs shift pattern…
The op:
Works 2 days has a reduced weekly rest.
Works 3 days has a reduced weekly rest.
Works 6 days has a rest period which he says could be a reduced weekly rest OR a full weekly rest.
Followed by what … no-one knows.
You’re right there is a pattern emerging but it could take a good while longer for it to be evident to anyone else
ROG:
I’ll give you a clue… put work onto the bank holiday days
I’ll give you a clue … regardless of bank holidays there’s no definite pattern shown in the opening post other than the op seems to want to work when he can (agency I believe)
Now here’s another clue
MAT:
can then continue to work from Wed 6 for 6 days, before taking a weekly rest of 45 hours. OR, take further reduced rest periods as long as I pay it all back on block by the third week from the original rest period which would be rest commencing Monday 18th Jan i.e 45 hours plus whatever reduction owed
Doesn’t look like a set pattern is planned to me and Mat even indicated that he may want to have a reduced weekly rest rather than a full weekly rest period
The op may possibly have a set shift pattern or he may not, there’s no way of knowing because you certainly can’t say from what’s posted, as far as I can see he’s indicated that he may wish to do 6 shifts which is hardly unusual for an agency driver now is it.
You can fill in the gaps to make it look however you want and you can do this in many posts but most people would I imagine expect a reply based on the information given not what you choose to presume.
But this is all irrelevant anyway because regardless of whether or not the op has a set shift pattern which involves having Tuesdays off and a consecutive day on alternate weeks he would not “NEED FULL WEEKLY REST ON OR BEFORE TUE 12” as you suggested, and as I said before he even indicated that he may wish to put the full weekly rest off as long as legally possible.
MAT:
Mon 28 Weekly Rest
Tue 29 Weekly Rest (combined two days in excess of 45 hours)
you can not make up a poster regular work patten he asking about what he as done in those days
Del - what days were bank holidays?
Rog your forgetting we live in the real world mate and
Public and bank holidays
You do not have a statutory right to paid leave on bank and public holidays. If your employer gives paid leave on a bank or public holiday, this can count towards your minimum holiday entitlement. There are eight permanent bank and public holidays in England and Wales (nine in Scotland and ten in Northern Ireland).
If you work on a bank or public holiday, there is no automatic right to an enhanced pay rate. What you get paid depends on your contract of employment.
If you are part time and your employer gives workers additional time off on bank holidays, this should be given pro rata to you as well, even if the bank holiday does not fall on your usual work day.
ROG takes an early lead, but is quickly caught and overtaken by Del…
A re-read of my post may confirm this. 