Employment contract advice...?

[CherryVimto]

Hi All

I know there are quite a few knowledgeable folk on here so thought it would be a good place to ask a few questions regarding a few things I'm not sure/happy about with regards to my contract of employment...

There are no actual working hours as such stated within my contract of employment. It does state:
'Your normal working hours are those necessary for the proper performance of your duties subject to the limits of the working time regulations'
Does this essentially mean they have me over a barrel with regards to the hours they can force me to work, but within the working time regulations?

I have been told by another colleague that in the event of an accident while driving a company vehicle, the company will charge (via deduction from wages) the driver the amount of access applicable to the insurance.
I have not confirmed this myself, but is this something the company can legally do..?

A paragraph starts: 'Please return the following documentation to me by return, to confirm acceptance of our offer:-
* Signed working time waiver
I have signed the working time waiver but am I allowed to give the company notice to withdraw this consent? What can the company legally do considering that they basically state that the signed waiver forms part of my agreement to their terms..?

My contract states that I am 'based' at the companies address although I very rarely go to a job from there as I usually leave from my home address. I travel to each individual site (to perform my duties) in a company van which involves picking up another colleague as we work in pairs. I will then drop off my colleague at home when we get back.
The company owner has stated that travelling time is not part of our working hours and we should work at least 8hrs 'on site'.
Should my working time be from when I start off in the van until I get home, and not 8hrs 'on site' as the owner thinks?
I could potentially leave my home at 5am, picking up my colleague on route and then travel 2.5hrs to the first job.
There could then be potentially 'on site' work for 3hrs with another 4,5 or 6 jobs scheduled for the day with potentially at least 30mins+ travelling time between each. Not including maybe 1 to 2 hrs journey time home.
Realistically it could be anything from 12/14hrs+ each day.
Is this a fair expectation..?

If travelling to/from site is stated as being our own time, and therefore theoretically personal use, would it be fair to argue that fact as the company strongly states that the use of company vehicles for personal use is strictly prohibited..?

 

[Mrfluffy]

Hi there,

With regards to point one, yes, this is legal, unless your hours of travel create a work day that means that you are being paid less than the minimum wage. Only travel from your home to the first job, and returning after your last job applies, travelling between jobs is time spent at your employers disposal, and is working hours. There is a difference between working time, and working hours. As your contract states that you have a permanent base, this leaves you at a disadvantage, but if it ever came down to a dispute, you could argue that the majority of days worked you never visited the permanent base.

As to point two, yes, this is also valid, although most companies do not charge it if you are not at fault in the accident.

You can opt out of the working hours waiver in writing, 7 days notice if it is verbal, up to 3 months if it is written. You can state in the opt out that you will do so for a predetermined period. There is a good page up at https://www.gov.uk/maximum-weekly-working-hours/weekly-maximum-working-hours-and-opting-out

Is this a fair expectation? I wouldn't class it as fair, but it depends on the money being paid. The company isn't asking for anything downright unfair or illegal, and most employment contracts for mobile workers contain very similar clauses.

The last point is not something I can really advise on, as it is more of a tax issue. If the company states that you may use the vehicle for personal use, then you can be taxed as a Benefit In Kind. Again, it depends on the company policy on fuel, mileage, and reimbursement of costs.

 

[PhilLew]

on the last point... regarding company van tax, travel to and from work is not classed as personal use, there is also discretion for some 'insignificant' personal use but exactly what is or isn't allowed is a little unclear but this is only from a taxation point of view...your employer seems to be pretty clear on their policy for personal use!

 

[zinc2000]

last point will also depend on vehicle..if it has a tacho fitted as soon as you get in it you are working, if not then basically it becomes a "perk" as you are not using your own expenses to travel to work (assuming of course the company deducts nothing from your wages)