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Is Travel Time on Business Working time?

Pont
Pont Posts: 1,459 Forumite
Part of the Furniture 1,000 Posts Combo Breaker
Can anybody settle a discussion we've held recently in our office?

Using my situation for an example, others have slightly different scenarios, I'd (we'd) welcome your views.

I work from an office 3 days a week. It takes me about an hour to commute each round trip and no mileage allowance is paid. I see this as a regular commute of 34 miles for each of these days.

However, twice a week I work from different offices (it can vary from week to week). On these two days each commute is roughly 2 hours round trip and business mileage is paid for the difference between total miles travelled less regular commute (70 miles less 34 miles = 36 business miles for each of the two days).

Some managers are saying that the extra time taken to travel to alternative offices is 'working time' (therefore you can arrive 30 minutes later in the morning and leave 30 minutes earlier in the evening). Other managers are saying that the extra commuting time is down to the employee and basically 'tough'. Still other managers are saying that employees can take TOIL by adding up the extra time taken to commute and taking a day off here and there.

Is there any definitive or is it simply down to individual managers interpretation?

Comments

  • Andy_L
    Andy_L Posts: 13,164 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It counts as "working time" for the point of view of the Working Time Directive & Minimum wage calculations. However Pay/TOIL or not is dependant on your contract/Staff handbook etc. If the contract is silent then its the decision of the budget holder - probably the manager but possibly at a higher level and you'd expect consistancy accross a company
  • Pont
    Pont Posts: 1,459 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I should have added that it's a Local Authority. None of us (we're all newbies) have received our contracts yet but still would have thought that all managers would be singing from the same hymn sheet so to speak. However, we've all been told different things by different managers.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    Since its an LA, speak with a union rep as they will know chapter and verse what local agreements exist or the policy covering this.

    Since there is no consensus coming from managers, some obviously haven't a clue themselves and are simply inventing procedure to suit themselves.
    Don’t be a can’t, be a can.
  • Evilm
    Evilm Posts: 1,950 Forumite
    If it is not your usual office then any extra travel counts as Working Time.
  • Pont
    Pont Posts: 1,459 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Evilm wrote: »
    If it is not your usual office then any extra travel counts as Working Time.

    This seems to be the general thoughts. So is it usual (for LA employees) in these circumstances to have TOIL, or to leave and arrive back at your home address at your usual commute times?
  • Savvy_Sue
    Savvy_Sue Posts: 47,844 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Pont wrote: »
    This seems to be the general thoughts. So is it usual (for LA employees) in these circumstances to have TOIL, or to leave and arrive back at your home address at your usual commute times?
    Surely the answer to that is 'it depends'.

    I used to work for a HA, similar t&c to LA, and I sometimes had to go to head office for training. Since the training started at 9.30 am and was half an hour further away than my usual office, leaving my home address at my usual commute time would have made me late.

    I'd suggest you ask HR.
    Signature removed for peace of mind
  • chainsaw
    chainsaw Posts: 62 Forumite
    I think the correct answer is it depends. I also think there is no definite answer and it depends what answer you are looking for.

    If it is working time are you looking to do the extra travel within your contract hours or be paid overtime? If the comute to the second office was nearer would you be looking to set off earlier and give to company the time you saved?

    I have a company van which I am not allowed to use in my own time so I consider traveling home as working time spent garaging their van. If you have a private car or even use the bus then you are free to do what you want the moment you finish work so should you be paid anything for that time?

    For the purpose of the WTR I doubt those hours are going to take you to the 48hr week limit, the 11 hour daily rest period or require you to have more pay to meet the minimum wage so I think the final answer is that you need to negoiate a good deal yourselves, difficult when you are all newbies. Can you not find an oldie to ask what he does,
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