Non-payment for time spent travelling could breach employment laws
It is common practice for employers, particularly in the care industry, to pay staff only for time spent with clients and not for time spent travelling between each visit. This could amount to a breach of contract or contravene National Minimum Wage laws.
In many cases, care staff can spend 10 hours or more per week travelling to assist the most vulnerable people in our communities yet will not receive a penny for this time. This practice has recently been found to be unlawful.
What Can You Do?
In the case of Whittlestone v BJP Home Support Ltd, a care worker brought a claim against her employer in which she argued that she should receive the national minimum wage for time spent travelling which she did not receive payment for. The Employment Appeal Tribunal agreed with Mrs. Whittlestone deciding that she was indeed entitled to receive the minimum wage for time spent travelling.
In June 2015, a case in the European Court, Federacion de Servicios Privados del sindicato Comisiones Obreras v Tyco, saw the Advocate General give further to support the right to be paid for travel time saying that employees with no fixed based should be paid for the time it takes to travel between clients.
These cases mean that if you are currently working a job in which you are required to travel between assignments yet do not get paid for that time you may be entitled to back-pay and a declaration that you will be paid for this time in the future.
How We Can Help
If you find yourself in this situation, you may be entitled to compensation. We can assist you with calculating your entitlement and lodging a claim. We currently act for hundreds of people who are pursuing claims of a similar nature.
Other than in Northern Ireland, there is now a requirement to contact ACAS before lodging a claim at the Employment Tribunal. A failure to do this correctly can result in claims being struck out. We will ensure that your claim is properly drafted and that all the correct procedures are followed before the case is submitted.
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To make a free enquiry based on any of the issues raised on this page call us on 0808 168 7288, or complete an Online Enquiry.
We will also discuss the best methods of funding your case and seek to reach a solution that best suits your needs. This can involve a “no-win, no-fee” agreement if appropriate.