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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Employment Law in regards ***** ***** Working Time Regulations and

Resolved Question:

Employment Law in regards ***** ***** Working Time Regulations and travel time. My employer requests that we travel to and from our work sites unpaid because they say it doesn't constitute as work. I drive the works vehicle and usually pick up other staff and stores before I set off. We do not work at the same site everyday. Most Days we visit different locations. Some days we go to the workshop/office and other days we head straight to the work site. My employers say that we are obliged to travel, up to 50 miles or 1 hour, in each direction unpaid. My work hours are 0800 until 1630 with a half an hour lunch break. That is an eight hour day, however the travelling time takes us up to 10 hours daily. We are only paid for the eight hours each day Monday to Friday yet we put in 50 hours per week. Can anyone shed light as to wether the travelling time should count towards working time and be paid.
I'm in the UK.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello are you asking about travel time between sites rather than to and from home/work?
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. I presume they are paying you between 8 - 16.30pm? It is just that you are not paid to travel to work?
Customer: replied 1 year ago.
I'm paid between 0800 and 1630. So yes I'm paid for my travel between sites. I'm not paid for the hour of travel to the site before 0800 or the return journey after 1630.
Customer: replied 1 year ago.
Sorry I should of stayed that when I said we go to the office that is at 0700 we pick up stock then head to the customer for 0800
Customer: replied 1 year ago.
That should of read stated not stayed.
Expert:  Ben Jones replied 1 year ago.
Hello, this is still be somewhat of a legal grey area. 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. However, since then a formal decision in the ECJ was handed down in the case of Tyco Integrated Security. The company employed technicians who install and maintain security equipment at customers' premises in Spain. The technicians were provided with a vehicle and they travelled from their own homes to the locations they were instructed to install the equipment. They were not generally required to travel to an office or a central location before attending the clients’ sites. The Court decided that the time travelling from home to their customers’ locations was working time because the workers were ‘at the disposal’ of the employer and accordingly it should be included in their normal working hours. So if there is a requirement to travel to/from clients as part of the working day and duties and at that time the worker is 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 remuneration and count towards their working hours. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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