Is Business Commute Working Time?

Pont

Posted on behalf of a friend.

Base office (as per employment contract) is town A.
Town A is 20 miles from my friend's home address (approximately 30 minutes drive each way). No travel expenses are paid as this is identified as a regular commute to work and back.

Town B is 40 miles from my friend's home address. However, this is a much larger town - more traffic to negotiate, and my friend is instructed to park in a particular carpark which is a 20 minute walk to town B's office. In total this journey takes my friend approximately an hour and a half (each way) from his home address until he arrives at office B. Travel expenses are paid for the extra 40 miles (in total) a day.

My friend has told his line manager that when he works at office B (2 days per week) it adds an extra 2 hours onto his working day. Line manager's response is 'tough'!

My friend has pointed out that colleagues who work only out of office A are, in effect, 'working' 4 hours less than he is per week but have identical contracts (job role/grade/pay).

What is my friend's best course of action? I've looked at WTRs etc on my friend's behalf but this scenario seems a grey area.

Takeaway_Addict

how long has he worked for them?

Tiddlywinks

What does his contract say about working from other locations?

I would expect - as happens with my employer - that the additional travel time is part of the working day.

I would also be able to claim the excess mileage as well.

Pont

Takeaway_Addict wrote: »

how long has he worked for them?

4 years. This working at base B has been going on for about 1 year.

Pont

Tiddlywinks wrote: »

What does his contract say about working from other locations?

I would expect - as happens with my employer - that the additional travel time is part of the working day.

I would also be able to claim the excess mileage as well.

His contract states the same as every other employee. To paraphrase, 'It is essential part of this employment to have access to a vehicle as you may be required to work at various locations from time-to-time'.

I agree - I would expect that the additional time taken to work at town B would be deemed 'working time'. It seems very unfair IMO that my friend is expected to put in the extra time but other employees aren't.

Btw, this is a LA.

Is there any points of law/LA guidelines that my friend could refer his manager to?

Takeaway_Addict

if he has been doing this for a year and its not taking him under NMW then I can't see him being able to do much but ask. custom and practise would dictate he accepted the change of contract.

Should have complained officially at the time.

Pont

Takeaway_Addict wrote: »

if he has been doing this for a year and its not taking him under NMW then I can't see him being able to do much but ask. custom and practise would dictate he accepted the change of contract.

Should have complained officially at the time.

I thought about the C & P element (NMW arguments would not apply). However, he is the only one in the office that is expected to do this. All others just travel to their nominated base and aren't expected to work at the outreach base thus not expected to take on the additional travel time. Even though this can be deemed C & P, can this also be identified as unfair practice?

Complaint at the time I can see (formal letter to log on records). However this wasn't done as, like many others, scared to complain.

Takeaway_Addict

Pont wrote: »

I thought about the C & P element (NMW arguments would not apply). However, he is the only one in the office that is expected to do this. All others just travel to their nominated base and aren't expected to work at the outreach base thus not expected to take on the additional travel time. Even though this can be deemed C & P, can this also be identified as unfair practice?

Complaint at the time I can see (formal letter to log on records). However this wasn't done as, like many others, scared to complain.

Unfair isn't unlawful remember. You can be paid different amounts for the same job as long as its not discriminatory in the eyes of the law

Tiddlywinks

Pont wrote: »

His contract states the same as every other employee. To paraphrase, 'It is essential part of this employment to have access to a vehicle as you may be required to work at various locations from time-to-time'.

That clause is actually there to ensure staff have access to their own transport... not about working hours.

Is there anything about contracted hours, overtime etc?

Is he working a 37, 42 hour or whatever working week? This is the relevant information.

ohreally

Time for a stern chat with the line manager about some reasonableness being accommodated with the mobile working, perhaps also establishing why the flexibility appears to fall only on him - why is this burden not being shared?

Since the employer is an LA, there will be a trade union readily available to seek assistance.

Tiddlywinks

By 'LA' do you mean local authority or letting agent or something else?

If the former then there will be organisational policies to cover remote / mobile / detached working. What do they say?

Essentially this will not be a line manager's call - it will all be down to the policy... and your friend needs to do the research of the documents available covering this area and ask HR for assistance if the matter is not covered.