lol thanks for trying to help anyhow.
Been told coffeeholic was the font of all knowledge, I shall await the words of wisdom.
Is it true that theres a shrine being built to coffeeholic at london gateway? lol
bigsib:
Sort of along the same line I think… I’ve just been called up for jury service, how should i record this for WTD purposes, do i treat it like holiday and sick, ie 8hrs per day and 48 for the whole week, or is it done another way?
I don’t know the answer either but, AFAIK you are compensated for ‘loss of earnings’ (+ travel, etc).
Which suggests that if you ain’t earning then you ain’t working. Hence it wouldn’t (shouldn’t) be classed as ‘work’.
Which then prompts the question of the position of an elected Councillor, or even that of a Mayor, and their responsibilies to attend meetings and Official functions. Would (should) that be counted as ‘work’? It is a function that is not performed in a ‘paid position’, but is subject to ‘allowances’.
Likewise, Jury Service is a civic (with a small “c”) responsibility. It is not something that one may take up as a ‘career path’.
Let us examine the same situation befalling someone who was on the ‘Dole’. Would they be ‘available for work’? Arguably not. But would they have been deemed to have been ‘in work’ for ‘more than 15 hours a week’, which could then effect Housing and other benefits. I suggest not.
Therefore, I would argue, it shouldn’t be counted as ‘work’.
However, as to how it should be considered, I am equally perplexed. 
Perhaps the 48 hours a week would seem logical but, if you counted the hours, over a five day week, of actually ‘working’ (to use that term), then you’d be lucky to actually get much more than 30. 
Perhaps it should simply be adjudged to be a role performed by a “non-mobile worker”, for the period of that duration. 
Simply use what criteria suits yourself best.
P.S. If the defendant has a ‘chav’ bird up in the gallery with a ‘babby’, then the kid is usually ‘on loan’ and they are invariably Guilty.
bigsib:
Sort of along the same line I think… I’ve just been called up for jury service, how should i record this for WTD purposes, do i treat it like holiday and sick, ie 8hrs per day and 48 for the whole week, or is it done another way?
The simple answer is that as a juror you’re not employed as a mobile worker participating in road transport activities, nor are you performing work for an employer involved in road transport activities, nor are you having statutory holidays, so I would say that you don’t have to book it for the WTD for mobile workers.
Although discussing a different situation this was answered in an earlier post by Coffeeholic, the principles the same as was discussed in the first few posts of this thread.
The Regulations do not apply to:
- mobile workers who are not participating in road transport activities covered by the European drivers’ hours rules or in some cases the AETR (e.g. employed taxi drivers, certain van drivers, chauffeurs)
2.5 Working for two or more employers or another organisation
For the purposes of the Regulations, working time is restricted to work for employers for whom a mobile worker carries out any in-scope road transport activities (i.e. work covered by the European drivers’ hours rules). It includes both road transport activities and any other work for such employers (for instance when a driver also works in an employer’s warehouse).
It does not include work performed for employers who are not involved in road transport activities (for instance bar work). However, such work would count as part of the “daily working period” for the purposes of determining compliance with the separate European drivers’ hours rules (i.e. bar work will impact on when you can work and how much work you can do).
Giblsa:
it depends if you will be doing any driving in scope that week.if not you dont need to record any hours at all. if you do (even if it is only one minute of driving on a tacho) then you need to record all hours worked as “other work” and retain it for 28 days.
is that right coffee and tacho?
Well it is correct, but unfortunately not the answer for the question that was asked 
OK so I think I’m gonna throw the question at the Jury people in the smoke, thanks for your help, but the way the paperwork reads I am still under contract as a driver with my employer during the time im on service, thats how they get round him not giving me the push because I’m not there.
I know that it will be blissful for a few days not having to worry about the wax frizbee, but i just dont like the idea that the contract I’m on will extract the urine if the think ive dumped my 26 week average down.
the way i see it is for example take a 4 week period over the time im off…
week 1 at work 52hr work
week 2 + 3 Jury service
week 4 at work 49hr work
average of the two weeks worked is: - 50.5 hrs
0 hrs booked
52+0+0+49= 101 / 4 = 25.25hrs average
and gives a false average
or
48 hrs averge neutral like holidays
52+48+48+49 = 197 / 4 = 49.25hrs average
and is a more realistic average
I supose that the question I realy should ask is:-
For WTD reasons NOT drivers hours, how do I book a week not worked, be it for holiday sick or jury service?
Coffee? Tacho?
Oh by the way i can only claim £60ish per day from courts for loss of earnings, so its gonna hit my pocket too…
bigsib:
I supose that the question I realy should ask is:-For WTD reasons NOT drivers hours, how do I book a week not worked, be it for holiday sick or jury service?
Coffee? Tacho?
Oh by the way i can only claim £60ish per day from courts for loss of earnings, so its gonna hit my pocket too…
I sympathise with what you’re saying but as far as I can see, jury service isn’t calculated into the WTD average hours.
I did manage to find a guide to the WTD for railway workers which states that jury service is not calculated into the average week, but haven’t found anything on the road transport WTD that specifically mentions jury service.
You could contact VOSA for confirmation, but to be honest I wouldn’t be to optimistic.
Your best bet is probably to hope that the people who you work for aren’t too well informed about the WTD for road transport mobile workers
For statutory holidays, sick leave, maternity/paternity leave, adoption or parental leave, assuming that you’re employed hours are calculated weekly you should calculate 48 hours per week (00:00 Monday to 24:00 Sunday), or 8 hours per day for any odd days or a week that doesn’t run Monday to Sunday.
3.5 Calculating the average when leave is taken
You cannot use statutory annual leave, sick leave, maternity, paternity, adoption or parental leave in order to reduce the average working time performed during the reference period. So when calculating the average weekly working time, any maternity, paternity, adoption, parental leave, sick leave - as well as the statutory paid annual leave entitlement must not affect the result of your calculation.
tachograph:
For statutory holidays,
a daft question some may think but what are statutory holidays?
Giblsa:
tachograph:
For statutory holidays,a daft question some may think but what are statutory holidays?
Not such a daft question
The law allows you a certain amount of holiday per year, currently 4.8 weeks per year including bank holidays (5.6 weeks from 1 April 2009), this is statutory holiday.
If your employer allows you 6 weeks holiday (wishful thinking I know), only the 4.8 weeks is statutory holiday and counted for the WTD average week, the other 1.2 weeks would be regarded as none statutory holiday and could be used to reduce your averaged week.
thanks for that tacho.
i have seen people mentioning this befor now but never had the plums to ask.
i now feel enlightened.