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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46763
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am needing clarification on UK employment law pertaining

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I am needing clarification on UK employment law pertaining to travel time to a client site and whether it is included in your working hours.
my husband works for a company and as per his contract he is usually office based but has to travel to client sites on occasion for the company. there are days where he needs to head directly to the site from home and some times he will travel directly home from the site due to the time the company has booked him to be on site. on his time sheet he is expected to book travel time. but the company have just told him travel time to and from client sites are not included any more. is this lawful?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. can you tell me if travel time is in his original contract of employment and for how long has his company been paying him this please.
Customer: replied 1 year ago.

HI, thank you Ben for responding

his contract is a very basic one, he has been working with this company since Feb last year.

The only thing in the contract is that it is an office based job and that he will be travelling to client sites on occasion. there is nothing at all on travel time. at the beginning he was charging travel time as part of his working hours and either getting the extra hours back in lieu or paid overtime, of late he was called in and told there is no way they would let him charge 45 mins of the travel time to the client in the morning and 45 mins from the client in the afternoon because that is what he normally takes to get to the office but he could charge the rest of the time, so he conceded, and today he was called in and told there is no way he is allowed to charge the travel time at all....

Expert:  Ben Jones replied 1 year ago.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you
Customer: replied 1 year ago.

Hi Ben

found my husbands contract,

under the place of work part of his contract the only information it has on travel is as follows

'You may be required to travel to client sites during your employment with the Company. You will be reimbursed for such travel.'

and that is it with regards ***** ***** they have issued him with an oyster card to travel with.

Regards

Debbie

Expert:  Ben Jones replied 1 year ago.
OK thank you for that information I will get back to you ASAP
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. 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.
Recent guidance from the Advocate General of the European Courts of Justice has provided further clarification on this. His advice is not binding but it is usually followed by the ECJ so it can still be useful. It said that in general there are three aspects to 'working time', those being (a) at the workplace, (b) at the disposal of the employer, (c) engaged in work duties.
For workers who are often on the move, the above requirements were fulfilled because travelling is an integral part of the job, such that the workplace cannot only be considered as performing work at clients' premises and routes and destinations are determined by the employer who could at any point modify the instruction.
So if he is required to travel to/from clients as part of his working day and duties and at that time he is entirely at the employer’s disposal, he can certainly argue that this time constitutes ‘working time’ and should be taken into account when calculating his remuneration and count towards his working hours.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46763
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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