Travelling time maybe considered ‘Working Time’

legal_updates

You will have to account for traffic/roadworks etc, but this will be on a case by case basis.

Author: Nicola Porter
Published:
Reading time: 2 minutes

This article is 6 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

In a recent ruling, it was decided that any employee, who does not have a fixed place of work, will be allowed to claim that their travel time, to their first job and from their last job form part of the employees working hours.

They should therefore be paid to cover these hours, and they will count towards their average working hours with regards to working time. In turn this will affect holidays as the employee will have to be paid their 12 week average hours when taking a period of leave.

With regards to monitoring, it might be that you have to get the employee to log their travel times themselves and trust that they are doing so correctly. If you believe the times are incorrect, then it is fair to use Google maps or something to check what the average distance to the job should have been. You will have to account for traffic/roadworks etc, but this will be on a case by case basis. An alternative is to have a tracker on a company mobile phone, laptop, or vehicle, which will log and track all journeys made by the employee. This will be more accurate but we appreciate this could be a costly thing to implement if you don’t already have this available to you.

A reminder that this will only apply if the employee does not have a fixed place of work. At present, all other travel time is unpaid, unless your contract stipulates otherwise.

Getting in touch

You can contact us via the form or you can call us on 01480 455500.