In exceptional circumstances it may be necessary to.....
Discussion
Hi there.
Work is getting tougher on the way that our engineers are working which includes being more stringent on what they get paid for. At the moment, they are getting paid overtime for traveling to and from jobs as unsociable travel allowance and have been so for over 2 years.
The new management wants them to essentially travel unpaid in their own time so that we are only paying them for the time they spend at the customer site. Now these guys are mostly based at home so are homeworkers and according to ACAS, they are considered to be working as soon as they leave the door until the time they get home or to the hotel.
They travel all over Europe and are often away all week and sometimes this means they will travel back on Saturday or out on Sunday but it has always been paid for. Now they are most likely going to be told that this may be unpaid.
Now, there are two key clauses in the T&Cs which states:
"In exceptional circumstances it may be necessary to adjust or exceed your hours in order to ensure that your duties in accordance with the terms of your employment are properly performed. Any such additional hours are not classed as overtime."
and
"You shall undertake any travel that may be reasonably necessary for the proper performance of your duties."
Given the circumstances, what can be reasonably acceptable travel time without further pay? And can the engineers refuse ALL requests to travel on their own time without fear of dismissal/disciplinary?
An example of what we ask them to do travel wise at the moment:
Monday - Be onsite by 09:00 in the UK 250 miles from home (drive, train or fly).
Tuesday, Wednesday & Thursday - Onsite
Friday - Onsite 8 hours then travel home
Monday - Be onsite in Germany by 10:00 (means flying Sunday evening or stupid o'Clock).
Travel home Thursday night
Understandably, they're not happy about the suggestion but as we don't have union and there is no employee representative, they kind of just taking it at the moment because they have no other alternative short of getting another job and we'd both be in a pickle then because we're quite specialised and therefore their skills may not be apparent to other employers and we'll spend 6 months training others.
Meeting on Friday so any advice gratefully received.
Work is getting tougher on the way that our engineers are working which includes being more stringent on what they get paid for. At the moment, they are getting paid overtime for traveling to and from jobs as unsociable travel allowance and have been so for over 2 years.
The new management wants them to essentially travel unpaid in their own time so that we are only paying them for the time they spend at the customer site. Now these guys are mostly based at home so are homeworkers and according to ACAS, they are considered to be working as soon as they leave the door until the time they get home or to the hotel.
They travel all over Europe and are often away all week and sometimes this means they will travel back on Saturday or out on Sunday but it has always been paid for. Now they are most likely going to be told that this may be unpaid.
Now, there are two key clauses in the T&Cs which states:
"In exceptional circumstances it may be necessary to adjust or exceed your hours in order to ensure that your duties in accordance with the terms of your employment are properly performed. Any such additional hours are not classed as overtime."
and
"You shall undertake any travel that may be reasonably necessary for the proper performance of your duties."
Given the circumstances, what can be reasonably acceptable travel time without further pay? And can the engineers refuse ALL requests to travel on their own time without fear of dismissal/disciplinary?
An example of what we ask them to do travel wise at the moment:
Monday - Be onsite by 09:00 in the UK 250 miles from home (drive, train or fly).
Tuesday, Wednesday & Thursday - Onsite
Friday - Onsite 8 hours then travel home
Monday - Be onsite in Germany by 10:00 (means flying Sunday evening or stupid o'Clock).
Travel home Thursday night
Understandably, they're not happy about the suggestion but as we don't have union and there is no employee representative, they kind of just taking it at the moment because they have no other alternative short of getting another job and we'd both be in a pickle then because we're quite specialised and therefore their skills may not be apparent to other employers and we'll spend 6 months training others.
Meeting on Friday so any advice gratefully received.
Can't give you any advice other than to say I would ready the management for an exodus of staff. I wouldn't be prepared to do what your management are suggesting, without overtime (or at the very least, time off in lieu).
Fly out to Germany for 10am on a Monday? Travel 250 miles to be onsite in the UK for 9am? Sounds like a lovely company to work for.
Fly out to Germany for 10am on a Monday? Travel 250 miles to be onsite in the UK for 9am? Sounds like a lovely company to work for.
"Exceptional circumstances" provides for short term demands, not a a wholesale change of working hours. The contractual requirement to travel is silent on whether or not travel is paid for, but the practice has been to pay for it. On this basis, withdrawing travel time payments is arguably a breach of contract by the employer.
An employer can change contractual terms and defend any consequential dismissals but only if it can demonstrate a pressing business need for the change.
An employer can change contractual terms and defend any consequential dismissals but only if it can demonstrate a pressing business need for the change.
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