Definition of working hours

[Rin]

Hi Everyone

 

I am employed in field work. My contract states that I must work 37.5 hours a week. As I travel to site everyday in different places It can take me hours to get there and the same to get back home. On average I travel 4 hours a day. My manager insists that this should be done in my own time. I have read on the Direct.gov website that if travelling is part of my job I can travel in company time. I would like to know what the law is regarding travelling?

[honeybee13]

Hello and welcome to CAG.

 

Do you have an employment contract please? If so, what does it say about travel time?

 

My best, HB

[Rin]

Hi HB

 

My contract doesnt say anything about travelling. It does say that I must do overtime when requested. It is very old over 10 years. I was asked to sign a new one recently and refused and nothing more was said,

 

regards

Rin

[Emmzzi]

Hi, what does your contract say about location of work please?

[Rin]

This is all I can see in my contract.

 

"Your useual place of work will be at the companys offices at......., but you shall be obliged to comply with any reasonable request of the company to work at a alternative location."

 

I have never worked at the official office allways at customers sites.

 

Regards

[Emmzzi]

that clause suggests to me travel time beyond the time it gets to the office location should be on the clock.

[Sidewinder]

Agree with Emmzzi - use the office location as a 'normal' place of work and any time travelling over and above that journey should be on the firm's time. Unless of course the office is 200 miles away!

 

That said, it is a tricky subject. I travel to different places every day - might be 10 miles one day or 150 miles another. I leave home at the appropriate time to get there for a 9am start, so it could be 0830 one day or 0600 the next. I simply consider that a part of the role and will organise myself to be home earlier on days where there is more travelling. Although it is classed as 'working time' this means that I might 'work' 55-60 hours a week in some weeks, but of that, 40% might be spent travelling.

 

I suppose it depends on the nature of the work. If the employer is only classing 'working time' as time actually spent out of the car and working then this would be unfair where the journey is excessive and there should be an element of give and take.

 

As for the law, there isn't much to help you as it is open to interpretation. The Working Time Regulations state that:-

 

Working time is defined as periods when you are working at your employer’s disposal and carrying out your employer’s activities or duties.

For example, it includes training at the workplace, time travelling to visit clients, a working lunch; it does not include travel to work or time taken to travel to an occasional meeting away from your normal workplace.

 

So on the one hand, if you are at your employer's disposal or carrying out the employer's duties, then this should be working time and included in your 37.5 hours.

 

However time spent travelling TO work should not be included!

 

So, if one supposes that you are travelling to a place where you will be acting on behalf of the employer, then the clock doesn't start ticking until you arrive, however if you routinely take or make calls whilst travelling, then this SHOULD be classed as working time, especially if the employer were likely to complain that you were unavailable whilst travelling (although the additional complication would be access to appropriate hands-free phone facilities and the ability to use the phone safely whilst travelling).

 

It is all a matter of interpretation, hence why if the office, stated as your normal place of work, is say, 20 miles away, then I would calculate the time it takes to get there and then deduct that time each day from your overall hours for the week.

 

I am assuming you have a company vehicle? Do you pay for any fuel used once you leave your home? If not, then it is assumed you are at work as soon as you leave each morning. If you start calculating times and mileages based on a 'normal' place of work then technically there is an argument that the first part of the journey is 'commuting' and you should pay tax on any fuel used for such a purpose!

 

As I said, tricky