Hi,
Please could anyone give me some advice regarding the calculation of my xmas holiday time off and how it effects the calculation of the 17 Week avaerage.
I finished work on Xmas Eve and start back tomorrow. I have taken three days holiday, however, i believe that the Bank Holidays also have to be taken into account.
Do i count the week off as a standard 48 Hrs, 9.6 Hrs per day■■?
Any advice would be very much appreciated as always.
Cheers
J
All holiday you’ve been paid for, wether it’s the bank holidays or the time you booked off, is classed as 8hrs work per day, 5 days = 40 hrs towards you’re average, only unpaid leave wipes the slate clean, so to speak. Hope that helps
Fantastic, thats just what i needed to know, many thanks.
J
from what i read read, 20 days holiday don’t effect your average (5 days = 48 hours) anything over that does. which i’d say without more clear wording or ammendment makes it very difficult to follow. i’ll try to find the link.
stevie
webarchive.nationalarchives.gov. … idance.pdf
2.4 Annual Leave
Mobile workers subject to the Regulations are entitled to 4.8 weeks’ paid statutory annual leave under the 1998 Regulations (unless they do not meet the definition of “worker” under those Regulations). The statutory entitlement will rise to 5.6 weeks on 1 April 2009, subject to a maximum of 28 days.
Four weeks of this statutory annual leave entitlement stems from the European Working Time Directive 2003/88/EC and is provided for by Regulation 13 of the 1998 Regulations. This leave must be treated as ‘neutral’ (i.e. treated as working time) for the purpose of calculating weekly working hours.
The additional 0.8 week’s statutory annual leave entitlement (1.6 weeks from 1 April 2009) is a domestic requirement provided for by regulation 13 A of the 1998 Regulations and does not have to be considered as ‘neutral’. This additional leave can be recorded as non-working time when calculating weekly working hours. This is similar to how contractual leave in excess of the statutory minimum can be treated.
It is open to any employer to provide their mobile workers with more favourable conditions than the 1998 Regulations require as a minimum, and to agree that all annual leave be counted as working time.
Employers are free to choose when to assign leave (subject to any relevant employment contracts and/or collective agreements that may be in place) as either
WTD dont make me bl,y laugh…poa bla bla bla,lets waste sombodys time,to easy to adjust the tacho laws the driver may gain somthing.
A single days statutory holiday should be calculated as 8 hours, a full weeks holiday should be calculated as 48 hours.
So if you had 3 days off you should calculate it as 24 hours 4 days would be calculated as 20 hours if you work a 5 day week (excluding overtime) then 5 days in one calendar week ie Monday to Friday ect should be calculated as 48 hours.
The regulations state that holidays must be neutral there for a full weeks holiday (normal working week in a calendar week) must be calculated as 48 hours.
In your case you had a full week off which will count as 48 hours, you also had today off which will count as 8 hours, so you should calculate the holiday as 56 hours in total.
It should be noted that for the WTD only EU statutory holiday should be calculated towards the 48 hour average week, the EU gives us 4 weeks holiday per year which is 20 days.
In the UK we are allowed 5.6 weeks statutory holiday which is 28 days, the odd 8 days does not need to calculated towards the 48 hour average week.
fuse:
WTD dont make me bl,y laugh…poa bla bla bla,lets waste sombodys time,to easy to adjust the tacho laws the driver may gain somthing.
Very informative post fuse 
You are of cause right but nevertheless there seems no point in ■■■■■■■■ about it at every opportunity 
You are right tachograph,I dont even work the hours but it just gets my goat when the stupid thing is mentioned.
fuse:
You are right tachograph,I dont even work the hours but it just gets my goat when the stupid thing is mentioned.
I know what you mean mate, that’s why most of us don’t really give a ■■■■ about the WTD, unless it suits us to take it seriously
However some companies do expect drivers to abide by the WTD for mobile workers, hence the questions we see on occasions.
Best not let it get to you though