Hi,first post so bear with me,I,m now in the middle of a workforce agreeded wk 26 on wtd and have now booked 1248 working hours and still have 3 of my normal working days left to work…
As the max hrs over 26 wks at 48 p/wk average has now been reached my employer can’t force me to work any more hrs but I cant find any info on whether he’s obliged to pay me for the remaining 3 days as I cant use holidays or sickies to cover them as that would only increase my average hrs.
Any clever bods out there who could help shed a little light on this 
I’ll take a stab at this ! 
Are you contracted/guaranteed x amount of hours per week? If you’re not, which i doubt, then you have lucked out. If you are guaranteed /contacted for 40 hours per week for example and now Tuesday you have worked say 20 hours and you work no more then they have to pay you what you are contracted for i.e 40 hours. The fact you have ‘used up’ working time by doing overtime has no bearing on it.
Terrytpot:
I cant use holidays or sickies to cover them as that would only increase my average hrs.
Hours worked not hours paid.
Make sure you deduct all breaks, poa etc as these are not counted towards working time.
Sockpuppet:
Terrytpot:
I cant use holidays or sickies to cover them as that would only increase my average hrs.Hours worked not hours paid.
Not true. Holidays etc are calculated at 48 hours per week or 8 hours per day, so if he took 3 holiday days they would add 24 hours to his total hours and thereby affect his average. Not worked them but paid for them and they will count.
Coffeeholic:
Not true. Holidays etc are calculated at 48 hours per week or 8 hours per day, so if he took 3 holiday days they would add 24 hours to his total hours and thereby affect his average. Not worked them but paid for them and they will count.
That’s not strictly true, it’s only the 20 days of statutory paid holiday a year that count towards the average (i.e. the 20 that you get by law). Any over and above that don’t count. I know one place I used to work used to juggle around with which days were stat holidays and which weren’t to get a driver’s average legal…
Paul
Coffeeholic:
Sockpuppet:
Terrytpot:
I cant use holidays or sickies to cover them as that would only increase my average hrs.Hours worked not hours paid.
Not true. Holidays etc are calculated at 48 hours per week or 8 hours per day, so if he took 3 holiday days they would add 24 hours to his total hours and thereby affect his average. Not worked them but paid for them and they will count.
I’m sure the government has some deaf defying logic behind this? Can’t you just claim that your holiday days were all spent as POA?
Or, don’t take them as holiday. Say you’re availible for work and have some days of POA. There is no law saying you have to take all your holiday merely be offered them.
Terrytpot:
Hi,first post so bear with me,I,m now in the middle of a workforce agreeded wk 26 on wtd and have now booked 1248 working hours and still have 3 of my normal working days left to work…
As the max hrs over 26 wks at 48 p/wk average has now been reached my employer can’t force me to work any more hrs but I cant find any info on whether he’s obliged to pay me for the remaining 3 days as I cant use holidays or sickies to cover them as that would only increase my average hrs.
Any clever bods out there who could help shed a little light on this
He isn’t obliged to pay you unless you’re on salary.
Thanks for the swift response guys 
Mike-c: yes I am contracted to 40hrs/wk so looks like 24hrs pay heading my way…
Sockpuppet:at a guess I’d say Brussels decided the legal minimum of 20 days holiday had to count as working hrs to prevent unscruplious employers forcing employees to use their holidays to cover for shortfalls preventing the driver from taking a holiday at his own discretion 
oh,and no pretty certain that you cant say a holiday was POA as you might not even be in the same country so you’re hardly “available”
Coffeholic:the total hrs I’ve booked so far includes 7 days holiday,however,all 7 days were taken singly.Does this mean that all are counted as 8hrs or do you need to book 5@48 and ■■8 making 64hrs not 56 hrs
Repton:I am fortunate enough to get more than 20 days hol a year but as I’ve used less than that in 6mth they all count although its gonna be a doddle keeping under the radar in the next 26wk period when i use them up 
Conor:nope,not on salary but as I’m contracted to 40hrs week I should be in for something 
when this happened at our depot we were given the time off paid at a basic day. they was’nt happy but one of the guys had to have 2 weeks off he got in touch with his union rep and was told he was to be paid a basic wage for the time off as it was due to bad planning in the office. the result was the traffic planner phoning you up for your hours each day. i got a week off so was’nt bothered 