Enforced breaks on zero hour contracts

Donethat_2

My wife works for a care agency. Scheduling of visits sometimes results in quite long breaks between visits. These are not generally not long enough to go home or do something else. The agency won’t pay her for these, effectively enforced breaks.

As she is obliged to her employer during these breaks shouldn’t she be paid?

elsien

In what way is she obliged to her employer during the breaks? 

I understand her frustration but they’re not telling her what to do with the time, so there’s nothing to stop her from using it how she wishes - making calls, life admin emails etc.

Marcon

Donethat_2 said:

My wife works for a care agency. Scheduling of visits sometimes results in quite long breaks between visits. These are not generally not long enough to go home or do something else. The agency won’t pay her for these, effectively enforced breaks.

As she is obliged to her employer during these breaks shouldn’t she be paid?

There could be a minimum wage issue, depending on whether these breaks include travel time or really are 'complete breaks'.

See https://www.litrg.org.uk/tax-guides/disabled-people-and-carers/caring-someone/issues-facing-paid-care-workers and scroll down to the section headed 

I don’t get paid for my travel time/costs, is this right?

TheSpiddalKid

The real grey area here can often be the size of the gaps between calls after considering travel time. if on the rota there are morning calls at
09:00 - 09:30
09:45 - 10:15
10:30 - 11:00

With lunchtime calls then starting at 12 pm, then with by-minute billing, the rota can often end up looking like this.

09:00 - 09:15
09:44 - 10:03
10:30 - 10:58

that is originally on paper, 90 mins of calls completed within 62 mins, if there is a pay rate of £12 p/h, then what on paper looked like earnings of £18 become £12.40. 

Calculating working time is harder; if we assume 5 mins travel time to above, then working time might be
09:00 - 09:20
09:44 - 10:08
10:30 - 10:58

This would be 72 mins of working time. The question then is 09:20 - 09:44 and 10:08 - 10:30 working time or breaks. the legal test is one of control, is the employer in control of the employee during this time? There is very little case law on this, but as alluded to by others, the employee is free during this time to pursue their own activities and so, therefore, is not under the control of the employer and is not likely to be working time. The grey area comes in. The shorter the break, the more easily it may be argued the time is in the control of the employer. I chose timings of more than 20 mins as this aligns with the statutory break provision under WTR, but this is not a legal test. 

The current adult rate of NMW (it isn't the real living wage) is £10.42, so for 62 mins of work, that is minimum earnings of £10.76 are required.

Petrol costs, if not reimbursed, can be deducted from earnings as a cost. If we include petrol as a cost of travel too, then that is approx £0.20 pence per mile on average, so if covered 2.5 miles between calls, that is costs of still earnings after deductions of £0.50 
So £12.40 earnings becomes £11.90. which is still above NMW.