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Travelling to Work is work.......
Comments
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Really Carl? I can claim mileage from my office to my client visits (and back) even if it would be a shorter distance from my home, and even if I do not go to my office first.“And all shall be well. And all shall be well. And all manner of things shall be exceeding well.”
― Julian of Norwich
In other words, Don't Panic!0 -
So, when I travel 'in work time' to go up to my office (which is 3 hours away, and i visit a few times a year) .. do I have to work, or is the travel itself work?
I normally snooze or watch a film on my laptop...0 -
lisa110rry wrote: »Really Carl? I can claim mileage from my office to my client visits (and back) even if it would be a shorter distance from my home, and even if I do not go to my office first.
Theoretically, you should claim for mileage completed. HMRC states this must be from a place of work to an area of work, ie from an office to a client, or 'patch' if sales etc.. your situation is you are claiming 'as if' you have traveled from the office to client, even if you havent
This new ruling would theoretically mean remote workers who do not have an office to attend would be home based, so for some people, for example healthcare workers, previously they couldn't claim mileage to/from their clients from home, where this theoretically means they can0 -
Carl - i'm already home based (IT consulting). I usually travel by train getting to clients/the office. I will usually work, if i need to; but on a long journey i do like a rest.0
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There's a lot of "coulds,may, should"in that interview. we are under EU rules, so why isn't the interview in black white eg they have to or they don't have to if you get my drift.
I'm mobile engineer and it was always you use to get paid door to door, then with cut backs and what not, its first hour and last hour travel in own time. Basically 40hrs pw on sites 10 hrs pw travel in own time, 50hrs job lot.0 -
up untill recently were having carers in 4 times a day for my mum, they were contracted from a private company by the NHS under the palliative care system. They were really lovely Romanian ladies but their employment conditions were appalling. they worked 12 hour shifts and covered many clients in a 20 mile radius but only got paid for the time they were at the clients house (they had to log in and out from the home phone on arrival and before leaving - and that was what there wages were based on) then they may have to travel 15 miles to the next client and for this they did not get paid. also if the client refused care, or did not need the full time allocated they were short timed. so for a 12 hour shift they were lucky to be paid 7 - no wonder the company has mostly migrant workers - British employees wold be put off by the terms of employment.Dogs return to eat their vomit, just as fools repeat their foolishness. There is no more hope for a fool than for someone who says, "i am really clever!"0
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sillyvixen wrote: »up untill recently were having carers in 4 times a day for my mum, they were contracted from a private company by the NHS under the palliative care system. They were really lovely Romanian ladies but their employment conditions were appalling. they worked 12 hour shifts and covered many clients in a 20 mile radius but only got paid for the time they were at the clients house (they had to log in and out from the home phone on arrival and before leaving - and that was what there wages were based on) then they may have to travel 15 miles to the next client and for this they did not get paid. also if the client refused care, or did not need the full time allocated they were short timed. so for a 12 hour shift they were lucky to be paid 7 - no wonder the company has mostly migrant workers - British employees wold be put off by the terms of employment.
There's one of these agencies at the top of my street and you can time it as within 2 weeks or less of the 'carers wanted' sign going down it goes back up again. Plus the mileage will barely cover the petrol:T:T :beer: :beer::beer::beer: to the lil one
:beer::beer::beer:0 -
So if I have a normal office base that takes me an hour to get to from my home but my employer requires me to attend a meeting/training etc at another office that's 2 1/2 hours away, does that mean the additional 1 1/2 hours each way could be classed as working time?0
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Just been told by my boss that we will no longer get paid the actual mileage from my home to first client (I'm paid hourly) but only 5miles there and back although it usually around 24ish miles a day to first and last client.
She has been paying this for 1yr until someone told her that unless we spend 40% of out time with the client per week she doesn't have to pay the full amount anymore which is of 35p a mile.
We do not have an office so we are home based, her office is her home
I live furthest away from clients then anyone else in the 4 man team, and she as said it irks her that she has to pay me so much mileage!
It didn't bother her when we were self employed and paying all the mileage for 3yrs to and from ourselves, although claiming it back through self employment. She used to say tough you shouldn't live so far out in the countryside.
So is she right please, she reckons she got it from an official website, so please does anyone know for sure please.
cheers0 -
Well, the rules the thread is about relate to getting paid for your time, and the working time directive and national minimum wage, rather than about mileage.
Do you have a contract? What does it say about mileage? Your employer can't unilaterally change the terms of your contract.
If you don't have anything in a written contract then you may still have a contract, but it will be harder to prove what the terms of it are.
The startpoint is that you are entitled to be reimbursed for "reasonable expenses necessarily incurred in the course of your employment"
I suspect that your employer has got confused. There are rules about what you have to pay tax on - Commuting to your normal place of work can't be claimed back tax free, but travel to a temporary place of work can be.
"The test is whether the employee has spent, or is likely to spend, 40% or more of his or her working time at that particular workplace over a period that lasts, or is likely to last, more than 24 months. Where that is the case the workplace is not a temporary workplace and so it is a permanent workplace. Travel between that place and home will be ordinary commuting and so is not deductible."(HMRC)
So, if you were working for 40% or more of your time in one place, then that would be classed as a permanent place of work and any money paid to you for travelling there would be taxable.
Which doesn't necessarily change whether or not you have a contractual right to be paid, but would make a difference to whether you have to pay tax and NI on any payments.
I would suggest that you ask your boss to put in writing what she considers the riles to be, and the basis on which she is seeking to change the arrangements which have been in place for the past year.
If she has found a website then she should be willing to provide you with a link so you can understand her reasoning.
Are you a member or a union, or do you have legal cover under any insurance? If so, it may be worth getting some initial advice from an employment lawyer so you can understand your position.
(link here to the site I quoted from about the 40% rule http://www.hmrc.gov.uk/manuals/eimanual/eim32080.htm )All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0
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