Zero Hours Contract - Pay Query!

Discussion in 'Employment & HR' started by skingis, Aug 8, 2018.

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  1. skingis

    skingis UKBF Newcomer

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    Hi,
    I'm on a zero hours contract, a remote worker, who attends various businesses on a day to day basis conducted D&A Testing. The company I work for deduct 1/2 hr at the beginning and end of each collection I attend and i'm curious to know if this is legal. They state the reason for this is that their head office staff, who are salaried, don't get paid to travel into the office on a daily basis!!

    From my point of view and other collection officers, we are based from home and are paid a mileage allowance from leaving home to arriving back home from each collection and so feel this is when we should also be paid from, as by paying us mileage from home they are basically saying that this is the start of our working day.

    Just looking for any advice on whether anybody thinks this 1 hour deduction per collection is legal or could be contested.

    Cheers.
     
    Posted: Aug 8, 2018 By: skingis Member since: Aug 8, 2018
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  2. mattk

    mattk UKBF Legend

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    How many collections do you complete in a typical day?
     
    Posted: Aug 8, 2018 By: mattk Member since: Dec 5, 2005
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  3. skingis

    skingis UKBF Newcomer

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    On routine collections, usually one a day, sometimes two but when on call, as I am at present, I did three on Monday alone.
     
    Posted: Aug 8, 2018 By: skingis Member since: Aug 8, 2018
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  4. skingis

    skingis UKBF Newcomer

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    Each collection will have a varying number of donors ranging from 1 - 20, so can be out anywhere from 3 hrs to 8 hrs per collection.
     
    Posted: Aug 8, 2018 By: skingis Member since: Aug 8, 2018
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  5. Anon377593

    Anon377593 Guest

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    Going purely on what you've said in your post, I'd be tempted to say they're not supposed to be doing it. The Working Time Regs state that 'working time' is any time at which you're doing something that your employer's behest. So if you're leaving home to travel to a job they've sent you to, then I would say you should be paid for it.

    I see why they're arguing otherwise, but I think in this instance they are wrong.

    Would really need to see the Ts&Cs of your agreement with them though.
     
    Posted: Aug 8, 2018 By: Anon377593 Member since: Jan 1, 1970
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  6. Seb de Lemos

    Seb de Lemos Full Member

    106 16
    Just seems an odd way to go about it and therefore seems fishy. If they don't want to pay you for travel time, why not just pay you for the time you are in a collection? Is your travel time often > 1/2 hr each way?
     
    Posted: Aug 8, 2018 By: Seb de Lemos Member since: Oct 8, 2008
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  7. skingis

    skingis UKBF Newcomer

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    No we can travel over an hour to some collections.
    I'm with you Maridonna, I see my start time as when I leave home to travel to a collection and I finish when I get home, why give us mileage otherwise!
     
    Posted: Aug 8, 2018 By: skingis Member since: Aug 8, 2018
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  8. Newchodge

    Newchodge UKBF Legend

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    The law and HMRC state that travel from home to the normal place of business is not working time and you cannot claim travel expenses, so the company is right that office based staff can't get this.

    There was a case last year that determined that, for those who do not have a base, travel to and from the first and last appointments is working time and should be paid accordingly.

    However, if you are paid more than minimum wage it gets more complicated.
     
    Posted: Aug 9, 2018 By: Newchodge Member since: Nov 8, 2012
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  9. skingis

    skingis UKBF Newcomer

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    Thanks for that Cyndy, very interesting. I am on a few ££'s more than minimum wage so maybe this is the way they get round it.
     
    Posted: Aug 9, 2018 By: skingis Member since: Aug 8, 2018
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