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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11757
Experience:  30 years experience as a solicitor.
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My employees start on site by travelling direct from their

Customer Question

Hi, my employees start on site by travelling direct from their homes in company vehicles. Sometimes they come to the depot first but mainly direct to site. I do not pay them for the travelling, they get paid from the time they reach site, and at the end of the day the travel in their own time. In their contracts it says they will only be paid for time on site and not travelling, they signed up to this a couple of years ago. Is this legal or do I need to pay them something for travelling?
Submitted: 2 years ago.
Category: Employment Law
Expert:  JGM replied 2 years ago.
You don't have to pay them for travelling from home to the site.
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11757
Experience: 30 years experience as a solicitor.
JGM and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Could you explain more please
Expert:  Ben Jones replied 2 years ago.
Hello, I will be happy to help with the answer to your question - please let me know if you are happy for the credit to be transferred over to me for the detailed advice i will provide? 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. If you could please confirm whether you are happy for the credit to be transferred over for my answer i would be grateful, thank you and al the best
Expert:  Ben Jones replied 2 years ago.
Hello could you please clarify if you int need to rate my answer, which contained all the detail about your situation, or my colleague's as it affects who gets credited for the advice given. Thank you
Customer: replied 2 years ago.
Ben has the thorough answer which I requested.
Expert:  Ben Jones replied 2 years ago.
Thank you for clarifying