Judging by the OPs working pattern, he is not a lorry driver, so the links are correct as he is not a mobile worker 
Sry for the delay in replying been a busy couple of day.
Yes confirm I am a class 1 driver under EU regs.
Current shift pattern is
Tues to Sunday
Day off Monday
Tues to Sunday
Day off Monday
Tues to Sunday
Week off Monday till Monday
Repeat.
This is fully legal, have confirmed on here previously, and been doing the shift with no infringements showing.
Owed hours are easily paid back by end of 3rd week.
Week off is not paid or unpaid holiday, they are my rest days, in order for the pattern to be legal at the beginning and end of the 8 day rest period I need to take 2 full weekly rests of 45 hours plus in that time I have to pay back the reduced weekly rests, AVE around 20hours, so 5 of the rest days I would not legally be able to work.
But still these are being counted as 8h working time days, despite all your responses I still don’t get it.
Ppl who work a 4 on 4 off shift don’t have any of their 4of days counted for working time why would this be any different?
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20 days of your holiday entitlement count as working for the wtd, a full-time worker will have a minimum of 28 days holiday, but only 20 count as working time, anything over the 20 are zero.
Holiday is 8 hours per day
Or 48 hours if a fixed week is off (0000 Mon - 2400 sun)
Days off like you’re doing are zero
Your firm is wrong, you are right!
I don’t think there is a definitive answer, because the legislation doesn’t specifically deal with the situation, it is a question of interpretation. There are a few different methods of implementing the reference period as well, to complicate matters.
Generally I think the idea is that a driver averages under 48 hours when he /she is at work. You do seem to want to dilute the hours when you are regularly working over 50 hours a week.
My personal take is that weeks where you are not on the pay register shouldn’t be in the reference period. This isn’t the approach of your company, but the effect is quite similar. It may just be easier to keep your reference period in line with everyone else’s and add hours for the sake of simplicity, but the outcome is almost identical.
