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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I understand the the European court of justice ruled that certain

Resolved Question:

I understand the the European court of justice ruled that certain people should be paid between leaving home and ther first call and leaving there last call and getting home. I am a carer what does this mean for me and when does it come into effect
Submitted: 1 year ago.
Category: 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. What is your working arrangement when it comes to travel?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my initial query above - What is your working arrangement when it comes to travel?
Customer: replied 1 year ago.
Hi I get paid 25p a mile between my first clients house to the last clients house
Expert:  Ben Jones replied 1 year ago.
Do you work travelling from home to first client and the between clients for the day?
Customer: replied 1 year ago.
Are usually have to send messages to other carers before and after every client so yes
Expert:  Ben Jones replied 1 year ago.
Hi there, it is correct that there was a recent European court ruling on the subject and technically it means that what they have ruled could be applicable with immediate effect, however it is not as simple as that. This is just a court ruling – it does not change current legislation, which is still a bit of a grey area. This ruling will help UK courts to decide how to apply the current legislation but it certainly does not mean that you will see an immediate change in your employer’s working practices. What it means in reality is that if your employer continues to apply their polices with no change and you believe that under this ruling you should be entitled to pay whilst travelling, you could challenge the employer and ask them to amend their policies. If they refuse then you will have to consider taking this to a court or tribunal and then it would make a decision by using this ruling and eventually your employer may be forced to amend its pay policy. As mentioned, the current law can 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. However, if the employer refuses to accept this an pay you, which they can do, your only option is to challenge them in tribunal or court by relying on the above principles. 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
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