Working Time Question ?

[Davy Holt]

OK here is the background:

 

The company you work for has 2 offices, one each side of a city and you work a standard 9am - 5pm day.

 

Now 1 day a week you are required to be at the other office at 9am to drive people back to the normal office you work in. To do this you first have to go to your normal office at 8.15am to collect a company car, then drive to the other office to collect the people and drive them back.

 

The question is on this day , legaly what is your starting time... 9am or 8.15am ???

[pestguard1]

I would say that if for the rest of the week you start at 9am, then your start time for that day is also 9am.................

[ayjay]

Sounds to me as if on that particular day you are starting at 8.15.

 

How can it be otherwise?

 

It's the sort of thing that I would put my foot down over, but that's also the sort of thing that will make you unpopular with the management who always find a totally different way of looking at things. (Trust me, I've been there and got the T-shirt)

 

I'm glad I'm self employed.

[greg long]

Once you are in the company car you are working. therefore 8.15 am.

[melpen]

It all depends on your contract of employment, or if you have accepted or have been doing this for 30days or more, that is, if you are looking for payment, or trying to get out of doing it.(dont quote me on the 30 days may be longer).

 

This area is a mine field,

how many hours a week are you contracted todo?

do you get paid overtime,

are you on a salary etc etc

 

Look at it this way, you are driving a company car if the company say that your start time is 9am then you are driving the vehicle in your own time & you have to pay tax on that, also does the fleet car insurance cover you to drive the vehicle in your own time, a technicality i know but you need to know. You started work at 8:15 and are on company buisness, they cant deny that its a fact.

Edited November 10, 2005 by melpen

[Norrie]

Davy, Your Time of going on duty is 0815 hours mate..... According to the Working Time Directive. So, make sure you get paid for it......

Edited November 10, 2005 by Norrie

[Davy Holt]

Hiya melpen,

 

thanks for the reply

 

contracted for 37hrs per week

overtime paid when it's done

and on a salary

 

I like your thinking on the car side, I hadn't thought about that but will look into the insurance issue

 

At the moment it's not really an issue, but there is a possibility of it changing, meaning leaving a lot earlier than 8.15am, this is the bit I aint happy about.. hence the asking of the question.

[Westie]

Ordinarily driving to work is not counted as working time. In this case, though (correct me if I'm wrong), your contractual duties are to pick up people from the other office, to take them back for 9am, your employment starts at 8.15 on that day.

 

As far as changing your terms and conditions go, they cannot unilaterally change your contract without first consulting with you. I'd need some more detail on why the changes are necessary - if there is a significant business reason for the proposed changes, then they can be implemented, but it would mean, in the absence of agreement on your part, that they terminate your employment and offer to re-engage you on the new terms. There is a minimum procedure that they must go through first, to include writing to you setting out the business reasons for the change, inviting you to a meeting to discuss and offering you the right to appeal against the decision. If they fail to do this, then there are various claims that could be made.

 

If you need any more help, PM me.