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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My Wife works as a cleaner. She travels to her work depot every

Resolved Question:

My Wife works as a cleaner. She travels to her work depot every morning and loads up her supplies for the day into a company vehicle. She then travels to various places of work to perform her duties for which she gets paid a set amount of hours per clean. She does not however get paid anything until she arrives at her first job, furthermore she does not get paid for travelling between these jobs. Nor does she get paid for returning to the depot at night and unloading the vehicle she has been in that day. Is this legal?
Submitted: 2 years ago.
Category: 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. Does her contract say anything about this?
Customer:

She hasn't received one yet

Customer:

She has been employed there for 3 months now

Ben Jones :

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.

So if she is required to travel to/from clients as part of her working day and duties and at that time she is entirely at the employer’s disposal, she can certainly argue that this time constitutes ‘working time’ and should be taken into account when calculating her remuneration and count towards her working hours.

Ben Jones :

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

Ben Jones :

Hello, I see you have accessed and read my answer 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? I just need to know whether to close the question or not? Thanks

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