Working Time Directive
compensation figures for
absences under Road
Transport Working Time rules
Employers are required to
add time into the 48-hour
average calculation when a
mobile worker is absent from
work for a specified list of
reasons (such as sickness),
referred to as ‘excluded
hours’ in the UK
regulations. Employers are
required to add 48 hours for
a whole week of excluded
hours absence and 8 hours
for each whole day. FTA
wrote to the Department for
Transport to clarify how
much time must be added into
the calculation where a
mobile worker is absent for
a number of days, but where
the individual’s working
week is different to the
fixed week (defined as
starting midnight
Sunday/Monday in the
legislation).
The Department responded as
follows...
“…we are of the view that it
shouldn’t matter when a
drivers working week begins.
If, for example a Tuesday to
Saturday does not qualify as
a week with regard to
working time compensation
then we would run into
additional complications.
Therefore, it is our opinion
that the working week should
continue to be defined as
00:00 Monday to 24:00
Sunday. If this is the case,
then if a driver usually
works from a Tuesday to
Saturday then that’s all
within the defined week and
the 48-weekly compensation
should be applied. Using an
example where a driver
always took a weekly rest
period on a Wednesday and
Thursday, we’d still need to
consider the defined week
for the purposes of
compensation. Therefore, if
a driver in such
circumstances was off sick
Monday, Tuesday, Friday
Saturday & Sunday, we’d
apply the weekly 48-hour
compensation. However, if he
went back to work on the
Sunday then he would be a
day short of the defined
week for compensation
purposes and 8 hours for
each day would need to be
applied.”
In summary, if someone is
absent from work for a full
fixed week because of
excluded hours reason(s)
(sickness, four weeks of
statutory holiday or
maternity, Paternity,
adoption or parental leave),
the 48 hours must be added
regardless of the working
week pattern. This
interpretation has been used
by the FTA and its services
since before the legislation
was introduced in 2005.
Members are advised to check
with their working time
analysis provider (whether
internal or external) to
ensure that the correct
amount of compensation is
being made.
Story By: Derek
Broomfield
Information By:
Novadata
Email: info@novadata.co.uk
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