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Anyone with employent law experience????

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Old Feb 25, 2009 | 06:03 PM
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Default Anyone with employent law experience????

Basically I have a work van which I use everyday to get to and from jobs and noone gets any travelling time (which can be anything from 10 mins to 5 hour round trip).....

At the moment I leave home at 5.30am, pick someone up then goto site for a 7.00am start and leave there at 3.00pm. I then usually get home at between 4.00 - 4.30pm dependent of traffic. Sometime I have to go to our yard 1st thing or on way home and I'll get in around 5.00pm if I do as it's out of my way to get there.

Now the question I have is...... should the travelling time be in amongst my time I get paid for?????

I currently get 9 hours a day but being told that I must be ONSITE for 9 hours and travel in my own time including picking up my work mate who doesn't drive and going to our yard...


Can anyone help or point me in the right direction....


CheeRS
Steve
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Old Feb 25, 2009 | 06:10 PM
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Everybody that has to travel to work is probably in the same boat mate. When i worked for kone they had a scheme where if you had to travel more than 2 hours(i think) then they would pay for you just to stay near/on site. £50 a night plus £13 a night for food.
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Old Feb 25, 2009 | 06:41 PM
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Found this online......

The question...


We have a number of employees who have a reporting base, but who in reality are mobile. They have company vans and leave home in the morning to go straight to their first job, usually without needing to physically go into their reporting base.


The answer...

A commute between home and offices would not count towards working time for the purposes of calculating normal working time.

However, where there is a requirement to travel as 'part and parcel' of the job, such as where your drivers travel from home to their first delivery and then back again after the last, then the travelling time would have to be included for the purposes of calculating their working time.

The Working Time Regulations 1998 - Reg. 2(1), define working time as "…any period during which [they are] working at [their] employer's disposal and carrying out [their] activity or duties." Therefore, as the drivers would be under your 'control' / 'in the course of their employment', their working time would be from the moment they left home until they returned.




Now basically the question is the EXACT position I am in....
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Old Feb 25, 2009 | 06:51 PM
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Nope

The key word above is DELIVERY

You are not driving FOR your job, you are driving TO your job.

Doesn't matter where that job is.

If you are traveling from home to different sites throughout the course of your day then the drive from home to the first site would be classed as work- for example a crane driver- but then would he really take the crane home? NO... So therefore he would drive to his place of work for a normal time (say 9.00am) and then drive on from his work place to the various sites in the crane.

As an example a previous job I had envolved going to various customers jobs in my company car and i had no yard as such- all the time from when I left home to when I got to home was normal working time.

Ultimatly now I work from an office but if I have to go out to site I am expected to arrive and go at the normal site times- it makes no difference how far or short I have to travel, the same can be said when I go to a different office.

Another consideration is method of pay- salary or hourly paid as you are unlikely to attract overtime payment if you are salary paid.

Also its worth noting that in construction professions as members of certain schemes you are paid for travel as expenses if the site is a certain distance from your home, I know of a few guys who would preffer to work further away as they effectivly get paid a 12hr day rather than a 10hr day.

Jake

PS- You need to read up on the WORKING TIME REGULATIONS as per your first post, its quite self explanetory....
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Old Feb 25, 2009 | 07:06 PM
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Originally Posted by Shings

PS- You need to read up on the WORKING TIME REGULATIONS as per your first post, its quite self explanetory....

That's the hard bit......lol, finding an actual answer to my specific question and not a general answer.
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Old Feb 25, 2009 | 07:12 PM
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PS..... I get 9hrs a day and doesn't matter how far I travel, furthest so far was a 5hr round trip with 8 1/2 hrs working in the middle..... that was a long day...lol

Don't get me wrong I get early days but not that often (none since november last year)

Steve
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Old Feb 25, 2009 | 07:17 PM
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I think the answer then would be a definate no to being paid for travel time.

http://www.acas.org.uk/index.aspx?articleid=1461

or maybe just enquire with HR at your place?
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Old Feb 25, 2009 | 07:22 PM
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5 hour round trip is excessive. my old place used to pay you to travel there but not on the way back but youd leave early anyway to travel within their time and as i filled in the timesheets for head office.....
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Old Feb 25, 2009 | 07:27 PM
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Anything over 30 miles from my home address and i get paid travelling at flat time. My working hours are classed as hours 'on-site' and do not include travelling. This would seem to be the standard in my trade. Can't really see most companies paying you overtime for what is in effect non-productive time.
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Old Feb 25, 2009 | 07:29 PM
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My working day is when I get to the office/yard, then set off from there to the job. The office is only 15 minutes away from where I live, which is handy. I get paid from the time I get to the office and then leave.

If I lived 2 hours from the office, then that's down to me to get there and back of course, like most 9-5 jobs.

If there sending you to various sites then its down to them to pay you for it. Picking up another working is something that you shouldn't have to pay for.

If travelling is part of the job, then its part of your pay! They sound like fuck wits.
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Old Feb 25, 2009 | 09:35 PM
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Originally Posted by SteveB
PS..... I get 9hrs a day and doesn't matter how far I travel, furthest so far was a 5hr round trip with 8 1/2 hrs working in the middle..... that was a long day...lol

Don't get me wrong I get early days but not that often (none since november last year)

Steve
In the WTR there is information about what is concidered allowable and what isn't on your working day.

Basically though you need to have a minimum of 11hrs not working between each shift and if I remember correctly this includes driving over certain time periods.

Also if I remember correctly driving at the start and the end of the day have different rules that apply.
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