Hello, my name is Ben and it is my pleasure to assist you with your question today. Do you mean they are claiming they should be paid from the time they leave the office to go to the first job?
This is somewhat of a legal grey area to be honest. According to the Working Time Regulations 1998, ‘working time’ includes ‘any period during which a person is working, at his employer’s disposal and carrying out his activity or duties’.
According to guidance from the UK Department for Business, Innovation and Skills, the definition of working time also includes business travel time, but does not include home-to-work travel and time spent travelling outside normal working hours.
So if they are required to travel to/from clients as part of their working day and duties and at that time they are entirely at the employer’s disposal, they can certainly argue that this time constitutes ‘working time’ and should be taken into account when calculating their maximum working hours per week and remuneration.
Yes I understand but there is nothing specific in law that says it should either be paid or not - it depends on whether it amounts to working time and that is open to interpretation as you can see. To be honest if you refuse to pay them, then they will have to challenge this in an employment tribunal - with the fees and time involved they may be out off from gong that far and may eventually just accept it
Only a court or tribunal can decide whether this is working time or not - arguments exist for both sides. You can take the risk and not pay them - it is then for them to challenge this and take it further if necessary, which they may or may not do. If they do and it is found that it was working time then you may have to pay them any arrears due
Well it's both
That is on the assumption it does amount to working time
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?
I am afraid no legal answer exists on this so I cannot provide one - there are many legal areas that are defined as 'grey areas' and this is definitely one of them - as mentioned arguments exist for both sides, in these circumstances only a court fan make a definitive decision based on the specific facts of the case
If it is not a contractual clause to be picked up then you can decide to stop doing this if it will resolve the issue