Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Were you provided with a contract? If so, would it be possible for me to see a copy of it please?
OK thank you, ***** ***** 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.
Many 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 on taking this further if you wanted to claim for this time, 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
Thank you. There is no need to send the hours as that would not change your rights. As mentioned this is not a very clear area as there are conflicting decisions on it so in reality only a tribunal can decide what, if anything, you are due. If you wanted to take this further then you can treat this as an unlawful deduction of wages, and the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.