Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and are you actually being paid your basic salary during your gardening leave period?
I have worked there for 6-7 months, i was not payed for the gardening yet, but i think they will pay at the end of the gardening period
Hi, sorry I was offline by the time you had replied last night. So to answer your queries:
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 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 remuneration and count towards your working hours.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Hello, thank you for the very well informed reply.
if these followup questions are not included in my initial payment please let me know
the contract says "You will be paid overtime for any hours worked in excess of the annualised hours". this is why i believe i am entitled to these 140 hours + gardening leave. not only gardening leave. if i did'n quit, at the end of the tax year i would have been paid these 140 hours.so just because i quit i lose them.
regarding travel time, 90% of the time i went to the office, place the gear in the company car and then go on site. does this count as "reporting to an assigned depot" ?
Hi, the questions will be included with the original query so no need to worry there. It does appear that you are guaranteed pay for your overtime hours so if you have accrued these you should be paid for them by the time you receive your last payment at the latest.
As to the travel time issue, you can argue that the time after you have left the office is classified as working time but you are unlikely to be able to argue that travelling to the office is to be included. However, as mentioned you will not find a definitive answer to this anywhere and all we have is guidance and some case law and each situation will be decided on its own facts.
Hope this answers your follow up questions?
Thank you for your time. you have been very helpfull