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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47388
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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, My name is ***** ***** i think my company is trying

Resolved Question:

Hello,
My name is ***** ***** i think my company is trying to take advantage of the fact that i don't know UK law very well. I did some research online and i think there are some issues with the way they are treating me. I hope you can tell me if i am wrong .
1. I turned in my notice last week and ever since i didn't get any work from my company. I my contract under the Gardening Leave paragraph it says that the company reserves the right that i don't work during my notice period provided that the company shall continue to pay my salary and provide employee benefits in such circumstances.
I also have about 140 extra hours (hours worked on top of my 40 hours a week contract) , these hours have not been payed yet. The way i see it at the end of the notice period i should get payed for my 140 extra hours + the gardening leave period.
Also, i think they breached the contract because the next day when i turned in my notice they took my company phone, keys and PTS card . I believe these are company benefits and they should not have taken these during my notice period
2. I worked as a Land Surveyor and it involves travel to and from different sites. Sometimes we leave from the office to the site, sometimes we leave from a hotel where the Company booked a room for us. In my contract it says "Travel time will be paid at your standard rate after the first 2 hours each day worked".
The company says that we don't get any money for the first 2 hours of travel time, but i think we should get payed at least the minimum wage.
Thank you for your time,
Andrei
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and are you actually being paid your basic salary during your gardening leave period?

Customer:

I have worked there for 6-7 months, i was not payed for the gardening yet, but i think they will pay at the end of the gardening period

Ben Jones :

Hi, sorry I was offline by the time you had replied last night. So to answer your queries:



  1. If you have contracted hours then you are entitled to be paid for these during your garden leave period or your notice period. This would not be the case if you were working on a zero hours contract for example where you did not have guaranteed hours. However, if your hours were guaranteed then you can expect payment for them. You will not necessarily get paid for the 140 extra hours unless the contract says that you can expect that. Overtime is not necessarily something which you get paid for and it would depend on whether the contract says that you will accrue hours in that way and get paid for them when you leave, so you must check your contract for this. As to the benefits you mentioned it does depend on whether they are just there to allow you to conduct your job, for example you do not need the keys or an access card or a work phone if you are not doing any work for the company. If you had a company car for example then you can expect to either keep that or be paid the equivalent benefit for it but the benefits you mentioned are not really something which has a real value attached to them and if you are not doing any work then you do not need them.



  1. Travel time 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.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Hello, thank you for the very well informed reply.

Customer:

if these followup questions are not included in my initial payment please let me know

Customer:

the contract says "You will be paid overtime for any hours worked in excess of the annualised hours". this is why i believe i am entitled to these 140 hours + gardening leave. not only gardening leave. if i did'n quit, at the end of the tax year i would have been paid these 140 hours.so just because i quit i lose them.

Customer:

regarding travel time, 90% of the time i went to the office, place the gear in the company car and then go on site. does this count as "reporting to an assigned depot" ?

Ben Jones :

Hi, the questions will be included with the original query so no need to worry there. It does appear that you are guaranteed pay for your overtime hours so if you have accrued these you should be paid for them by the time you receive your last payment at the latest.

As to the travel time issue, you can argue that the time after you have left the office is classified as working time but you are unlikely to be able to argue that travelling to the office is to be included. However, as mentioned you will not find a definitive answer to this anywhere and all we have is guidance and some case law and each situation will be decided on its own facts.

Hope this answers your follow up questions?

Customer:

Thank you for your time. you have been very helpfull

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