What are the views of the panel?
Can a shortfall of Weekly rest be repaid in the same Fixed Week?
For example, a driver works Monday then takes off 25 hours- a 21 hour shortfall. He returns to work Wednesday then on Saturday he takes of 25 hours. Can the 25 hours be used to payback the 21 hour shortfall although obviously the Fixed Week was still a reduced week for the purpose of Art 8(6).
Secondly, which week is the offence allocated to?
For example there is a reduction of 10 hours in Fixed Week 1 let’s say the week end is 29th Jul a Sunday.
FW 2 45 HOURS TAKEN. W/e 5/8
FW 3 45 HOURS TAKEN. w/e 12/8
FW 4 45 HOURS TAKEN Weekend is Sunday 19th Aug
SO there was not any payback before the end of the 3rd FW after the week of the reduction. So is the offence in the week ending the 26th when the payback was not made by or is it the week ending the 29th when the actual shortfall took place?