Working Time Directive 48 hour average

Looking for some advice on WTD please.
I work for a large waste management company which contracts its drivers to 48 hours a week, we get paid a set salary to 48 hours. If we work over 48 hours a week its banked and given back in toil. I recently asked office about using my toil and was told to use holiday first as toil can be carried over to next year!! Surely thats wrong! Isn’t the toil suposed to be given back within the 26 week period to bring the average down? We’ve one driver with 14 days toil owed him his average must be way over 48 hours a week.

As holidays are counted towards WTD, how are you supposed to get your hours down except for not actually working? Would time off in lieu still count towards WTD?
A crazy system. They are probably using the waffle card as no one has ever been prosecuted for WTD bolacks.

only the first 20 days of holls in a year are counted towards WTD

Use your holidays fist because there’s no intention of giving you your toil. That sounds more like what’s going on.

ROG:
only the first 20 days of holls in a year are counted towards WTD

But what about TOIL? Is there anything regarding if it counts or not to WTD?

Might be confusing the two issues of the salary and the WTD. How many hours do you WORK and how many are breaks/PoA in a week? Its possible that you are below the WTD average but with PoA/paid breaks you’re above your salaried 48hrs. If that is the case the hours over the salaried hours can be carried over if its in your contract. However if the TOIL has to be taken to bring your weekly average down to 48hrs for the WTD it has to be taken in the current reference period.

Honked:

ROG:
only the first 20 days of holls in a year are counted towards WTD

But what about TOIL? Is there anything regarding if it counts or not to WTD?

It doesn’t. It’s basically getting paid for sitting on your arse at home, pub, etc. But it’s not annual leave/BH (only statutory leave is counted for WTD, 8 hrs per day or 48 per week). My lot are running my hours up and up… at first I was whingeing about it, but once it gets to the point that they’ll be unable to bring 'em down within the reference period it’ll be “sorry boss, can’t come in for the next 3 weeks, you’ve ran my hours up too high.” :laughing:

Conor makes a good point RE use of POA. WTD = Work - Breaks - POA. “Time at work” is likely just counted as Work - Breaks. For anyone that’s salaried, do not use POA. Ever. At all. :exclamation:

JackBriggs1988:
Looking for some advice on WTD please.
I work for a large waste management company which contracts its drivers to 48 hours a week, we get paid a set salary to 48 hours. If we work over 48 hours a week its banked and given back in toil. I recently asked office about using my toil and was told to use holiday first as toil can be carried over to next year!! Surely thats wrong! Isn’t the toil suposed to be given back within the 26 week period to bring the average down? We’ve one driver with 14 days toil owed him his average must be way over 48 hours a week.

I worked for a company who did the same thing and I worked over my 48 every week. We never used any POA as we were either grafting or driving. We were on a 17 week reference period at the time and I got fed up arguing with them at the end of every period. What to do is keep track of your hours worked. You CANNOT carry over hours into the next reference period, or what would be the point in having the period in the first place. You can only do 1248 hours in a 26 week reference period, so on week 20, inform them of how many hours you have left to work in the period. Update them weekly and they will soon give you back the time you are owed. If they don’t take action, contact the DVSA and inform them of your situation. Make sure you keep yourself legal and refuse to work over the 1248 hours.

Thanks for all the advice and input everyone

Sounds very similar to company I work for, driving trade waste dust carts or RORO never use POA as never need it as always on the go. I always keep a diary of my hours worked so will whip that out near end of the period I think these do a 26 week period.