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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48474
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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ARE CARE WORKERS WHO TRAVEL BETWEEN CLIENTS HOMES, ENTITLED

Customer Question

ARE CARE WORKERS WHO TRAVEL BETWEEN CLIENTS HOMES, ENTITLED TO PAYMENT FOR THE TIME BETWEEN CALLS

EXAMPLE

CALL FINISHES AT 17.30 HRS,XXXXXTO NEXT CLIENT VISIT TO START AT 18.00 HRS, SHOULD THEY BE PAID FOR THE 30 MINUTES BETWEEN CALLS AS WELL AS RECIEVING A PAYMENT OF 26P FOR THE MILES TRAVELLED

MANY THANKS
NIGEL
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

This is somewhat of a legal grey area. According to the Working Time Regulations 1998, ‘working time’ includes ‘any period during which a person is working, at his employer’s disposal and carrying out his activity or duties’.

According to guidance from the UK Department for Business, Innovation and Skills, the definition of working time also includes business travel time, but does not include home-to-work travel and 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 maximum working hours per week and your remuneration.