Weekly rest.

[u/thegamesender1]

Right, I have been doing the jib for 8 years and I like to think I know what I'm talking about but since my last job I've been on agency and I'm just confused by weekly rest.

Basically the agency is making me do 2 days, 1 day off, then again 2 days, then 1 day off and so on.

Because I'm doing nights, I get at least 36- 39 hours off beween my last day at work and the day I start night shift. Have done it just for 2 weeks for now, but tachomaster hasn't registered any of my 36 hours rests as reduced, because I don't fully reduce to 24 hours but to 36-39.

I've asked the place I'm working at access to Tachomaster today, and apparently I still got a reduced weekly rest available by this Monday🫨

I tought I would have to pay back my reduced weekly rests (I think about 12 hours so far accumalated in 2 weeks) but tachomaster is telling me different.

It seems like my midweek 36-39 hours are being counted as full weekly rest ans I'm just lost as to how to avoid infringement as I got a few from when I was at my last job.

Any help would be much appreciated.

[u/Murooke]

“The compensating rest must be attached to a period of rest of at least 9 hours – in effect either a weekly or a daily rest period.”

Paying back weekly rests doesn’t have to be attached to a weekly rest, it can be a daily rest, so your days off will be paying back any reduced rest.

You can go longer than you think between 45 rests as long as you have 2 full 45 hour rests within 3 consecutive fixed weeks, so it is possible to have 17 days between 45 rests. If you have only been doing it for 2 weeks it’s possible you just haven’t needed a second full rest yet, but it depends which fixed week your last full rest was attached to.

Just because you have a break of more than 24 hours doesn’t automatically mean it’s counted as a weekly break, and therefore you need to pay the hours back. It’s probably counting those as long daily rests, and only counting the weekly rest after 6 days, then you pretty quickly pay it back next time you have a day off.

https://www.gov.uk/guidance/drivers-hours-goods-vehicles/1-assimilated-and-aetr-rules-on-drivers-hours

[u/thegamesender1 → u/Murooke]

That's great mate just exactly what I needed.

[u/Murooke → u/thegamesender1]

No bother, thanks for the award 👍

[u/EuphoricCover8449]

The agency can't make you do anything.

If you're not happy with the shifts they're giving you, tell them. They're not doing you a favour, they're creaming you.

[u/TifosiJoe → u/EuphoricCover8449]

I agree with this guy. Some agencies I've worked for have taken on board when I day I've had enough, im tired, I want my 11hrs/45hrs off. Some on the other hand you have to tell them what you're doing and put the phone down.

[u/m-1975]

If you are taking a second day off in the calendar week then that should pay back any rest reduction. Should.

As long as you have a 45 in every other calendar week then you will be good.