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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 52668
Experience:  Qualified Solicitor
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I am self employed. I was asked by the company I was

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I am self employed. I was asked by the company I was subcontracting for to travel 4hrs a day to a construction site to carry out works. Can I claim reimbursement from the company I worked for , for the hours travelled or just the mileage?

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

Is there anything in your contract dealign with travel time?

Customer: replied 7 months ago.
No , but I voiced my concerns about the hours we had to travel. I was told they would have a look at it and make sure I did not come up short. I was reassured and asked to carry on attending site to carry on. This is what idone. Unfortunately This did not happen , they have paid me £0.40 for fuel but nothing for the 22.5 hrs traveling over the week. I would never have agreed to travel so far for work , unless I felt they would cover this.

Thank you. As a self employed person you have no automatic legal right to be paid for travel time. This right only applies in certain circumstances to workers and employees, but you are not a worker and as such have no legal protection in that respect. Therefore, you will only be able to claim such pay if you were contractually entitled to it. It is entirely normal for contractors to not be paid for travel time, so to show that this was an agreed benefit in your employment relationship, you have to show it was contractually applicable. There was no such right in your case – there were some discussions about them looking into it but that is not the same as them contractually agreeing to reimburse you for the time in question. As such, from a legal point of view, it is quite unlikely you can force them to pay anything. You can still make direct requests and hope they agree to it but if they refuse, then you cannot force them to. In the future, it is always best to agree the specific rights in writing and know exactly where you stand before you undertake the work, rather than rely on a half-hearted promise by them.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 7 months ago.
after I done the work , I did have a verbal agreement that they would pay me an extra £600 , but this hasnt happened , where do I stand on a verbal agreement?

a verbal agreement can be just as legally binding as a written one, however, the issue here may be with the fact it was offered after the work took place. Had it been offered to you beforehand and you relied on it to go and do the work, that would have placed you in a much stronger position. However, offering it after the event means you cannot show that you specifically relied on it to do the work and it may be somewhat easier for them t get away with it. Still, you can argue there was an agreement but if they do not willingly pay you, the only way is to go to court and try your luck there

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

Customer: replied 7 months ago.
thank you

you are welcome and all the best

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