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Travelling to work 'is work', European court rules

BBC article

How much of a nightmare is this going to be, along with the new living wage. I've been looking into putting a 2nd van on the road to do mostly fencing, I was planning to pay per hour when they arrive onsite, plus a bonus per hour.

Also, if we pay the petrol and give them a van to travel to site, the surely this has to be taken into consideration. It means if they have to travel for an hour to get to the clients I have to pay them from when they set off to work. That means I would be paying an extra 10 hours labour a week. per person. 

The government is sure making it harder for new business to get off the ground.

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  • from the other side of this i can't wait to challenge my boss on it!!!

  • If they are driving the work van with tools to site that is work and should be paid as such IMO
  • Such a stupid ruling. I know people who commute 2 hours a day to an "office", but now someone who doesn't have an "office" can claim travelling time even if they are only travelling around the corner to their first job of the day.

    If this affected me, I'd simply say to staff they have to travel in their own time to me, pick up the van, then they are working. If that makes more sense than taking the van home and going direct to site, then there's something wrong somewhere. :-(

  • 6 and 2 3's - a good employer would pay for travel time between jobs in the day anyway - The only difference is the start and end journeys home - but easily sorted if you make them come to a central point each day - Or give them some paper work to do each day for an hour thus making their home base a place of work,.

  • If staff are travelling to and from site in a works van, with tools, they should get paid. Or else, how would you get your van and tools to site? 

    if you're in the van, you're at work. 

  • PRO

    There is a subsequent potential issue if staff do have vans and go to work from home - BIK.

    HMRC will look to see if there is any personal gain/use and may tax the employee via their P11D (for 2014/2015 the Van BIK is £3090 pa).

    It is not as onerous as the company car tax, but has increased over recent years due to people looking to exploit the rules with 4*4's etc (as a ST it's treated differently as you/business are one in the same).

  • If you are not being paid you are not an employee there for how does your vehicle insurance cover your staff?

    • PRO
      I think you'll find they are insured whether it's during paid working hours or not otherwise they couldn't step foot in the van outside working hours which is just dumb.
  • Here is my situation

    I work for a big company who have many vans on the road

    Majority of vans travel directly from the employees home to the first site but I am in a squad that has to pick up a trailer every day from the yard and drop it back off at night

    Now our boss wants us to be on site for 6.30am and not to leave the last site until 4pm

    Now the majority of vans are heading directly home from their last site but my squad have to head back to the yard to drop off the trailer therefore I'm technically still working but I'm not getting paid from 4pm

    How does this affect me? (When you approach the boss he just says tough sh!t)
    • Are you at a fixed site every day? If so you could finish at 4 and make your own way home. If not IMO you should be paid from when you enter the van to when you get out at the end of the day.
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