who sets the start date of the 26 week period, a driver or the company?
Also do I legally need to know what my average working time is?
jondeere:
who sets the start date of the 26 week period, a driver or the company?
The reference period is set by a workforce or collective agreement.
If the reference period is not set by a workforce or collective agreement it starts on the first Monday after 1st December, 1st April, 1st August.
legislation.gov.uk/uksi/2005 … ion/4/made
jondeere:
Also do I legally need to know what my average working time is?
You don’t legally always need to know it but you do have a legal right to be told it if you request the information from your employer.
Check out (e) legislation.gov.uk/uksi/2005 … on/11/made
ok thanks,
so if a driver came from another company and was on week 23, hours maxed out, started at another place that was on week 1, does all his previous time get forgotten about ?
jondeere:
ok thanks,
so if a driver came from another company and was on week 23, hours maxed out, started at another place that was on week 1, does all his previous time get forgotten about ?
No
nick2008:
jondeere:
ok thanks,
so if a driver came from another company and was on week 23, hours maxed out, started at another place that was on week 1, does all his previous time get forgotten about ?No
I’m not so sure about that to be honest, the regulations refer to “any reference period which is applicable to his [the mobile workers] case”.
I’ve no idea how companies deal with a situation where a new employees old reference period is different to the new companies reference period, but I would say that legally it’s only the current companies reference period that’s applicable.
But I could have missed something 