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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Working in another office, miles paid, but no travel time allowed?


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Hello,

 

 

After getting a ‘dream job’ near my home, and hating to travel to/from work on my time, on my second day at work my employer told me they are moving me. I took this job because it was near my home. I wouldn't have taken it had they been honest and told me they were planning on moving me (they had known, they just didn't know where at the time). I took the job knowing there would be travel required to go to meetings. They pay for miles and allow for travel time for any of these meetings.

 

 

They said my base is remaining as it is, but that I am expected to work four days a week at this new location ten miles away (travel is on a very congested road). They will pay me the miles but will not allow for the travel time.

 

 

This is what the employment documents say about this:

 

 

Person Specification document (on Job Advert):

 

The post holder may be required to work at any establishment at any time throughout the duration of his/her contract, normally within the location of COMPANY.

 

In Interview:

 

It was not mentioned.

 

On Offer letter:

It was not mentioned.

 

On Contract:

Schedule 1-8:

Base: Listed as my current base, near my home.

 

Schedule 2: Your base is as detailed in Schedule 1 Section 8

 

2.1 However, you may be requested from time to time, to work at any of the Team’s premises although individual circumstances will be taken into account before such a request is made and such a change will not be made without due consideration.

 

2.2 Where the Team requires that your base is changed on a permanent basis and such a change requires a significantly greater amount of travel, or relocation to another area, then such a variation will not be made without due consultation.

 

2.3 Any costs incurred will be reimbursed in line with the COMPANY Terms and Conditions of Service.

 

COMPANY T&C of Service:

The Terms and Conditions of Service document refers to the repayment of mileage, it never mentions allowing for travel time.

 

 

Questions:

 

1) Do I have the expectation of taking my additional travel time out of my work time per day

a. If my official base remains at the original location?

b. If my base is moved to the new location?

c. Could they move me to a new official base if the offices are not theirs, not rented by them, but solely provided by the client?

 

2) If my base remains at the original location, and I should be allowed the travel time and take it, if they react by officially changing my base simply as a response, are they allowed to do this?

Note:

 

My employer has said that they are moving me as a trial for a few months and have no idea whether or not they will be keeping me there, moving me elsewhere, or moving me back to the original base.

 

 

I phone the government’s employment contract service, and they said (I noticed they will not put anything in writing) that if my base doesn't change, and I am asked to work at another location, I must be allowed travel time.

 

Thank you very much for your time!

 

Sciamo

Edited by citizenB
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I can't see any basis for claiming travel time from what you've posted, unfortunately. It isn't standard practice so unless your contract says otherwise there isn't much you can do.

 

Ten miles isn't a lot by car. I do 20 each way on some of the busiest roads in the UK and I haven't gone crazy yet :)

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just chipping in to agree with Becky. could you have a conversation about flexitime to avoid the worst of the traffic?

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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