Hello,this subject has been going round my work for some time now.
The practise of zeroing paid holiday days,i have been in touch with VOSA and all they say is that i am intitled to 28 days holiday,i spoke to a man from VOSA in livingstone who deals with these issues and explained my question.
I get 31 days holiday,how many days can my company zero…his answer 3,but i can not get this written in plain english from him.
My company says that they can zero from 20 above ie in my case 11 days…what a loop hole for them…dont i love working extra for nothing as im paid on a salary.
My question is how many days can be zero’d…is it 20 and above,24 and above or 28 and above.
Thanks Stuart
Any days above your statutory entitlement do not count for the WTD. The statutory entitlement is 5.6 weeks, which for most people is 28 days, and may include Bank and Public Holidays. You get 31 days holiday so 3 do not need to be accounted for when calculating WTD working time.
Thanks Coffeeholic…Thats what the man from VOSA said,but my company are saying its 20 days and above as quoted by the FTA,i pointed out to them that its VOSA which enforce and fine this rule not the FTA.
Do you have any idea where i can find the rules written in plain English so i can i show my company and resolve this issue,as at present they have zero’d nine days.
Thanks again Stuart
What exactly is the issue? Is this about pay or just recording of hours?
I’m confused.
shep532:
What exactly is the issue? Is this about pay or just recording of hours?
I’m confused.
The issue is that the op is on salary so doesn’t want to have to work any more hours than necessary, it’s to his advantage for only 3 days rather than 11 days of his annual leave to be credited with no notional working time for the RT(WT)R 48 hour week.
Coffeeholic:
Any days above your statutory entitlement do not count for the WTD. The statutory entitlement is 5.6 weeks, which for most people is 28 days, and may include Bank and Public Holidays. You get 31 days holiday so 3 do not need to be accounted for when calculating WTD working time.
Are you sure about this, the “DIRECTIVE 2002/15/EC” allows for the 4 weeks annual leave which is mentioned in regulation 13 in the 1998 working time regulations,.
“The Working Time (Amendment) Regulations 2007” give us in Britain an extra 1.6 weeks annual leave and this is added to the 1998 working time regulations as “Regulation 13A”.
The RT(WT) R 2005 require that the annual leave mentioned in regulation 13 of the working time Regulations 1998 should be considered in the average 48 hour week but does not mention regulation 13A which seems to be a separate regulation to regulation 13 rather than an addition to it.
The question has to be, does the annual leave mentioned in article 13A have to be added as notional working time when calculating the 48 hour average working week.
To me it reads like the extra 1.6 weeks annual leave we get in Britain does not have to be calculated into the working time for the average 48 hour week, in which case the ops boss would be right in saying that only 20 days have to be included into the equation and the other 11 days can be zero rated 
I’m not certain but hope someone knows for sure 
tachograph:
Coffeeholic:
Any days above your statutory entitlement do not count for the WTD. The statutory entitlement is 5.6 weeks, which for most people is 28 days, and may include Bank and Public Holidays. You get 31 days holiday so 3 do not need to be accounted for when calculating WTD working time.
Are you sure about this
Absolutely not. I don’t care enough about the WTD to worry about it. I now get 33 days holiday, including Bank and Public ones, and I really don’t care if they count 1, 20 or all 33 for the WTD.
Thanks, tachograph .
Think you understand my issue…i have read all the documents that you stated and can not find a revised ruling,but when we did our drivers cpc the so called trainer stated the 28days and above,and the chap at VOSA agreed,guess its back to VOSA again.
Trust me Coffeeholic i get 31 days including all public holidays and work M-F and we are allowed to start within reason when we want,it a good job and a fantastic place to work but when the 48 hour week is being manipulated to the companies gain and i am doing an average of 55-60 hours a week and being paid for an average of 48 it kind of throws the balance out.
We have three periods two 17 weeks and one 18 week,that is two 816 hours and one 864,with the practice of “paid rest day’s” being applied i am being made too exceed these hours,if this is a legitimate loop hole then i will contact VOSA and place a formal complaint.
As an example if i was to have a weeks holiday above the 20 days then if my company zero’d just one day leaving four days to record as WTD…it would work out M-T 8hous per day,zero the Friday, making 32hours for the week…they lose 16 hours of my working time…ie allowing them to work me longer than 48 hours a week for the whole period…i have worked out lots of different combinations and trust me it is not good for the drivers,the rules need readdressing …the more holiday the company gives you the harder they can work you in the period…
Thanks Stuart
I can see why it is an issue in your case but it’s not something that affects me. I work a total of around 45 hours in my 5 shifts and of that about around 22 hours counts as working time for the WTD, that’s why I really don’t care about it.