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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I work for a care agency and I care for the elderly in their

Customer Question

I work for a care agency and I care for the elderly in their own home. Currently my employer only pays me for the time that I am at each appointment, I get nothing for travelling between appointments. I get given a rota with set appointments for each evening and I work roughly the same hours every day.
Are they obliged to pay me between visits? Am I right in thinking that once I have commuted to my first visit I am essentially "at work" even when travelling from one appointment to the next?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill : Hello my name is ***** ***** I am happy to
taratill : help you today, how long have you worked there for?
Customer:

1 1/2 years

Customer:

though only one month with the travel

taratill :

What does your contract state about place of work?

Customer:

It says Employment Business is Nurse Plus but it doesn't specifically state place of work

taratill :

Ok thanks, ***** ***** a member of a union?

Customer:

no

taratill :

Ok no problem, the employer may be in breach of the Minimum Wage Act if your over all pay (including the travelling time) comes to less than the minimum wage for an adult which is £6.31 for an adult worker. If you believe this is the case then you can inform the employer that they are in breach of the NMW act and if they still fail to rectify matters you can contact the Pay and Work Rights Helpline on 0800(###) ###-####

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Thank you for your help, I'm just doing the math and I may have some more questions

taratill :

Ok no problem, please do remember to rate my answer, I will still be able to answer your follow on questions.

Customer:

They have indeed under paid me for my actual work. They ask me to sign off time sheets with only the estimated time for each call on rather than the actual time. These don't always include travel time (when included it is unpaid). Should I be adjusting these for actual time and are they obliged to pay the actual time?

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

p.s. rating you kicked me out of the chat.

Expert:  taratill replied 2 years ago.
Yes they should be paying you for the actual time not estimated time AND you should be paid for travel time between appointments, not to and from your home though as this is your own time.

You cannot be dismissed for raising a complaint about the minimum wage.Good luck with it.

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