Hi when on annual leave does anybody know what hours my employer is supposed to put in for me,i was told it was 8 per day off but now been told law has changed and also told it should be the average of the last 17 weeks,i am not referring to pay just the wtd part they fill in
some of us think we are being fiddled as have never had any hours back over the 48 hour average rules
many thanks
felix:
Hi when on annual leave does anybody know what hours my employer is supposed to put in for me,i was told it was 8 per day off but now been told law has changed and also told it should be the average of the last 17 weeks,i am not referring to pay just the wtd part they fill insome of us think we are being fiddled as have never had any hours back over the 48 hour average rules
many thanks
In the UK we’re entitled to 5.6 weeks annual leave, 1.6 of those weeks do not count towards the RT(WT)R 48 average week, however the other four weeks should be calculated as below.
For single days leave you should calculate 8 hours per day, for full weeks running Monday to Sunday you should calculate 48 hours per week.
edit:
found it but dont “get it”
3.5 Calculating the average when leave is taken
You cannot use the four weeks statutory annual leave provided by regulation 13 of the 1998 Regulations - sick leave, maternity, paternity, adoption or parental leave in order to reduce the average working time performed during the reference period.
what hours would they need to put in to illegally reduce my average, i find it odd how i never get any time back not even 1 hour !!
thanks for quick reply as far as known they are putting in 40, one of our drivers is a super geek (nice bloke though) and his cab is festooned with spread sheets, we do same job but he gets time back , i do not, it seams that because he knows his stuf he gets the time back to shut him up
I do often wonder if the authorities would bother to prosecute a company that did not bother with the RT(WT)D?
Especially if the majority of companies did not bother with it
vosa said i could ask for an audit in confidence obviously,have other issues at mo with t&Cs s being changed so i am needing to find out how many hours I am entitled to but cant access the comp in the office legitimately ,probably get screwed over as usual 
felix:
vosa said i could ask for an audit in confidence obviously,have other issues at mo with t&Cs s being changed so i am needing to find out how many hours I am entitled to but cant access the comp in the office legitimately ,probably get screwed over as usual
Ask your employer to provide you with a copy of their record of your worked hours.
Under article 11 of the RT(WT)R 2005 your employer is obliged to “provide, at the request of a mobile worker, a copy of the record of hours worked by that worker”.
Having said that, if you don’t want this problem again keep your own records.
^^Keeping your own records is all well and good, but that doesn’t mean it will tally with the office copy.
E.g. Our office has recently started deducting every minute you spend on break, instead of a 45, from your daily time.
They’ve also adopted the POA scam for double manning where you do up to 20 odd hours of work (your shift), but only get credited with around half that amount for WTD.
I’m all for a chart on the wall showing everybodies WTD for the past few weeks/months, but some people are strangely resistant to it.
It’s 48 hours for holiday regardless of average or what they want to put. This way it can’t be used to increase or reduce hours so cannot be used to gain an advantage or penalise someone.
ROG:
I do often wonder if the authorities would bother to prosecute a company that did not bother with the RT(WT)D?Especially if the majority of companies did not bother with it
Change the record ROG, that ones been stuck for a long time now and it’s getting old. 
Coffeeholic:
ROG:
I do often wonder if the authorities would bother to prosecute a company that did not bother with the RT(WT)D?Especially if the majority of companies did not bother with it
Change the record ROG, that ones been stuck for a long time now and it’s getting old.
think its been scratched at some point point point point suppppppp now then taxi 
update: hours were being fiddled and that particular manger has “disappeared”
now have situation of 26 week period being in place with no collective consultation been done plus turns out the hours are being adjusted by “assumed work” one boss puts in assumed work the other does not as rightly so says that he does not wish to be liable for assumptions
over the 26 week period ending in our case in 50 days from now spread sheets say average 54 work computer says (conveniently) 47 1/2 so several of us are due @ 110 hrs back on our sheets but on their sheets we owe them!!!
any advice appreciated , i have been told there is a link somewhere to vosa wtd prosecutions but for the life of me i can not find it
What is “assumed work” ? 
If the company are keeping records correctly there should be nothing to be assumed.
In my opinion you need to find out exactly what is meant by “assumed work” before you can do anything.
DVSA don’t prosecute for working time none compliance on it’s own, that’s not to say they never will
see what you mean, rang dvsa they very keen as are responsible for the enforcemnet of the records, there are many wtd prosecutions just cant re locate them at the mo
just having inspection can cause untold grief on a company especially one like mine
transportsfriend.org/wtd/enforcement.html
Fines & Custodial Sentences
Any employer failing to comply with any of the relevant requirements of the Regulations - especially persistent offenders - the risk of prosecution is a real one, to which the courts have a system of fines and custodial sentences that can be applied to anyone who does so.
Examples of the penalties that can be expected are detailed below:
failure to comply with the regulations could lead to fine of up to £5,000 (the current maximum) in a Magistrates Court; or a fine at the Judge’s discretion in a Crown Court.
contravention of an improvement or prohibition notice served under the Regulations could lead to imprisonment for up to three months or a fine of up to £5,000 (the current maximum) in a Magistrates Court; or imprisonment for up to two years and/or a fine at the Judge’s discretion in a Crown Court.
If any worker(s) are being forced to break the Regulations, they have the right to:
Talk to their manager, in an effort to resolve the matter immediately.
Contact a trade union (if they have one), who will be able to advise them what to do.
Take the matter to VOSA or DVTA, which will enevitably result in attendance at your premises by enforcement officers.