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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45391
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am currently employed by G4s. I have been based at a

Customer Question

I am currently employed by G4s. I have been based at a particular site for the last 12 months. During that time I have been required to work at other sites on 25 occasions and it is becoming more frequent in some cases every other day. My base site recently was described as a hub of personnel to be used at whatever site requires staff. I currently am in receipt of mileage allowance upon travelling to these sites. My query revolves around travel time, I and my colleagues receive very limited time informing us of the the requirement to go to another site sometimes the day before. Do we have a case for travel time
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 4 months ago.

Is it possible for me to see a copy of your employment contract please?

Customer: replied 4 months ago.
Not possible from memory there is nothing in it regarding travel time
Expert:  Ben Jones replied 4 months ago.

OK no problem; in that case please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 4 months ago.

Thanks for your patience. This is still 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.

This is your basic legal position. I have more detailed advice for you in terms of the options you have for challenging the employer over this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45391
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 3 other Law Specialists are ready to help you
Expert:  Ben Jones replied 4 months ago.

Thank you. There are a few options for you to take this further:

{C}· The first step should always be informal discussions with the employer, followed up by a formal grievance using the grievance procedure

{C}· If you believe that this is an issue serious enough to mean that you cannot continue working there, you could consider resigning and claiming constructive dismissal in the employment tribunal

{C}· Alternatively if you do not want to leave you could try and pursue the employer for the pay for the times in question but it would not automatically result in a change of their practices, just compensation for the period for which you have claimed so they could potentially continue with the same practices

Customer: replied 4 months ago.
Thankyou for your help
Expert:  Ben Jones replied 4 months ago.

You are most welcome

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