So we have a new tacho analyst at work and they are claiming that public holidays ( Xmas day , Boxing Day , New Year’s Day etc don’t count towards weekly rest because we are paid for them . This is also meant to apply to our annual holiday entitlement.
I’m thinking they are talking out of their rear end . We’ve never been pulled up by any previous checks on our tachos like this and that even includes when they were sent out to a third party for analysis and I’ve been here 25 years .The law on this hasn’t changed recently has it ?
Your tacho analyst is a moron! Unless he/she was talking about WTD and not drivers hours regs. If they were talking about WTD then they are correct as (IIRC) a days paid holiday counts as 8 hours work for WTD purposes. However if they were talking about tacho hours then they are quite simply wrong.
I didn’t think it was right if we’re talking about Tacho regs but I will admit I didn’t know that under WTD it was like that .
One of our lads has been refused Saturday O/T because he has to pay back 20 hours from last year . Even though we were all off 4 days over Xmas and 3 days over New Year .
So under the WTD even a weeks holiday can’t be classed as Time Off ?
Sounds a weird interpretation to me
Bizarre mate, I agree. It gets even stranger if you are s/e; a day off for s/e counts as zero hours, a day off for PAYE counts as eight! If as PAYE you took unpaid time off then that too counts as zero hours.
Typical hotchpotch of regulations dreamt up by a committee and tweaked by people who have an ology but no real world experience.
Whoever is doing the analysis is talking rubbish, it doesn’t matter if it’s a paid statutory holiday a paid day off or an unpaid day off, it’s a rest period if you’re not at work and able to freely dispose of your time regardless of whether you’re paid or unpaid.
Any rest period paid or unpaid can be used as a weekly rest period as long as it’s of the appropriate duration and at an appropriate time.
As far as the working time regulations are concerned, your average working time should not exceed 48 hours over the reference period, a days statutory holiday counts as 8 hours working time towards the 48 hour average, a full weeks statutory holiday counts as 48 hours working time towards the 48 hour average, but that in no way affects the fact that you’re on a rest period, unworked holidays count as rest just as much as any other time you’re not at work.
If whoever does your tachograph analysis really believes what they’re saying they should find something else to do that has nothing to do with tachograph analysis 
Ok so after having another chat with our analyst it turns out it was WTD regs that they are quoting as the reason for my mate not being able to do O/T on Saturday. It does turn out that none of us knew about the paid holidays and bank holiday information . Our analyst has checked the facts with the RHA and is in the process of updating our drivers info pack as a matter of urgency.
Thanks for all your replies , it all helps us stay legal
Tachograph. I’ve had the same issue. The problem is the use of tachomaster. they input data and they do it wrong and it shows as work.
another reason office bods need training
also only 20 day statutory count towards your wtd, bank holidays are zero hours regardless whether you are paid or not.
wildfire:
bank holidays are zero hours regardless whether you are paid or not.
Every day is a school day! Thanks Wildfire, I didn’t know that and consequently was calculating them into the equation.
the maoster:
wildfire:
bank holidays are zero hours regardless whether you are paid or not.Every day is a school day! Thanks Wildfire, I didn’t know that and consequently was calculating them into the equation.
(5) A mobile worker’s average weekly working time during a reference period shall be determined according to the formula— (A+B) ÷ C where— A is the aggregate number of hours comprised in the mobile worker’s working time during the course of the reference period; B is the number of excluded hours during the reference period; and C is the number of weeks in the reference period. (6) In paragraph (5), “excluded hours” means hours comprised in— (a) any period of annual leave taken by the mobile worker in exercise of entitlement under regulation 13 of the Working Time Regulations 1998(a); (b) any period of sick leave taken by the mobile worker; (c) any period of maternity, paternity, adoption or parental leave taken by the mobile worker;
(a) is a maximum of 20 days because you have to refer back to the 1998 regulations to find that figure.