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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46807
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a care worker. My contact states that I am based at home.

Resolved Question:

I am a care worker. My contact states that I am based at home. Does this mean that I should be paid travel time from home to my customers?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there for?

Customer: Since 16/09/2013
Ben Jones :

This is somewhat of a legal grey area I'm afraid. As far as the law is concerned, a worker is only entitled to be paid for time which amounts to 'working time', which according to the Working Time Regulations 1998 includes ‘any period during which a person is working, at his employer’s disposal and carrying out his activity or duties’. As you can see travel time is not specifically included in there so it comes down to an interpretation of whether it can be included in this definition.


 


Guidance from the Government's Business Link advice service suggests that the definition of working time includes 'travel as part of a worker's duties', but would not include travelling to the workplace, unless the travel is undertaken following "booking on" or reporting to an assigned depot or booking-on point, or time spent travelling outside normal working hours.


 


So if you are required to travel to/from clients as part of your working day and duties and at that time you are entirely at the employer’s disposal, you can certainly argue that this time constitutes ‘working time’ and should be taken into account when calculating your remuneration and count towards your working hours. However, there is also an argument that as your home I your workplace, that the first and last bit of travel you do to the client should not be included and only time during your working day between clients should count as working time. All is down to interpretation of the courts though and they are the only ones that can give a formal decision on our specific circumstances but the above is what they would generally be looking at.

Customer: I'm not even getting paid travel time between clients.
Ben Jones :

for that you have a stronger argument to be paid

Customer: Could I start a case via the Pay and Works helpline?
Ben Jones :

They are only an advice line, they will not be able to make a claim for you to pursue the money you believe you should be paid. To do so you need to make a claim in the employment tribunal

Customer: Ok thanks for your help.
Ben Jones :

You are most welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46807
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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