Rank: Forum user
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Hi everyone
Looking for some clarity on working time, and in particular travelling to work.
A member of staff is contracted to work in a local office just one mile from their home and is able to walk to work. The employer has now decided to add an alternative location (head office) one day a week and up to an hours drive away, meaning they will also be using their own vehicle. Should they be paid whilst driving to and from work.
Thanks in advance.
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Rank: Super forum user
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My immediate response was going to be WHY should they be paid to attend work but then on reflection as this would only equate to (I presume one day out of five) HMRC would class this journey as business mileage so the employee could claim travel expenses between locations.
They would need to have business cover on their car insurance as normal SDP only covers a single permanent work place. Otherwise as it is the employers request suitable transport e.g. hire car should be arranged by the employer.
As to paying for additional to / from work journey time sorry will revert to being old school but if you are a nice employer you may consider some form of compromise e.g. 30 minute delayed start / 30 minute early finish.
And not really an iosh forum subject but one HR should have dealt with.
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Rank: Super forum user
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My immediate response was going to be WHY should they be paid to attend work but then on reflection as this would only equate to (I presume one day out of five) HMRC would class this journey as business mileage so the employee could claim travel expenses between locations.
They would need to have business cover on their car insurance as normal SDP only covers a single permanent work place. Otherwise as it is the employers request suitable transport e.g. hire car should be arranged by the employer.
As to paying for additional to / from work journey time sorry will revert to being old school but if you are a nice employer you may consider some form of compromise e.g. 30 minute delayed start / 30 minute early finish.
And not really an iosh forum subject but one HR should have dealt with.
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Rank: Forum user
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Thanks for your response.
It will be one day in four as they are not full time. H.R in this case, are ineffective and unwilling to get involved, hence my seeking advice on this forum.
Regards
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Rank: Super forum user
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This a management issue
A person is deemed to be at work when travelling to or from a non permanent place of work for his employer for H&S purposes and the tax man has systems set up for this. Additionally there is case law re this area
My strong advice is to give the H&S element to management and then step back and have no further input at this point as again if things go bad e.g. the employer will not pay, for the employee H&S will be blamed
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Rank: Super forum user
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I agree with Bob. There as also been a decision in the European Courts that Travel no a none permanent place of work classes as work time. Someone did post a good link a few weeks ago but search does not find it for me. I know some employers are questioning what the ruling actually means, a quick internet search will find lots of opinion, but for the time being I believe we are bound by their decision.
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Rank: Super forum user
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Awww, I miss read the title as “Working Time Travel” and thought sign me up, as there is more than one thing I would like to do differently. ( I would like to go back to about 5 or 6 and start again completely).
It will be part of their employment contract, if it states a particular place of work then it will be working time and if it notes they may be asked to work in other locations, then tough. Realistically an hour travel is not that much, some people do more. They do now “Have” to maintain a car where they did not before. However, if that is not what they signed up for, then it is up to them how much fuss they want to make.
As others have noted tell them to read their contract of employment they signed and go talk to HR. It will be HR’s problem if they flatly refuse to do it!
Chris
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