Weekly Rest Requested?

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

Our young FLM (First Line Manager) has just had one almighty row with one of our drivers.

They want the driver to have a 24 hour weekly rest, he has said I,m having my 45 which I,m alllowed to do !

FLM states you can only have the 45 if its requested, we can plan you to be legal with planned periods of reduced weekly rest as long as its paid back by the 3rd weekend !

Does the 45 have to be requested or is the FLM trying it on ? I always thought the 45 hours off was employment law and a employees right as well as the WTD, is that correct ?

I also thought that reduced weekly rest was the drivers choice ?

2

Rooster:
I also thought that reduced weekly rest was the drivers choice ?

A bit like reduced daily rest then, sometimes you have to play ball you can’t keep saying no.

3

I suppose it depends on your contract of employment and normal working practices really.

I’ve always thought of the norm as a regular weekly rest period, and it’s up-to the TM or whoever to request the driver to have a reduced weekly rest period.

Legally there’s no reason why a company cannot plan for a reduced weekly rest period, whether they can make you have one though is dependant on your contract and normal working practice.

Sorry but I doubt if there is a definitive answer to this question as it’s likely to be different for different companies.

Rooster:
I also thought that reduced weekly rest was the drivers choice ?

At the end of the day most decisions are the drivers choice except whether or not the company keeps employing the driver :wink:

4

Just to add that mid-day Saturday is a [zb] time to be telling anyone that you’ve planned a 24 hour reduced weekly rest period for them :frowning:

Regardless of what the employment contract says, I can understand any driver not being happy about such short notice :unamused:

5

Thanks your your replies.

6

This is why the reduced rest must be compensated because the company can legally reduce your weekly rest. It’s a compromise.

7

Spam-Javelin:
This is why the reduced rest must be compensated because the company can legally reduce your weekly rest. It’s a compromise.

Where does it state this ■■?

8

Usually in your T&Cs

9

Spam-Javelin:
Usually in your T&Cs

well yes I know I would expect that :unamused:

10

other way would be to have 45 of then work Christmas day which would he prefer