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Green Building Bible, Fourth Edition
Green Building Bible, fourth edition (both books)
These two books are the perfect starting place to help you get to grips with one of the most vitally important aspects of our society - our homes and living environment.

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      CommentAuthordjh
    • CommentTimeJan 8th 2022
     
    Posted By: VictorianecoParticularly the guy who lives 45mins away like I said.
    But it's his choice to live there. He has to accept the consequences. Having said that, changing his terms and conditions significantly for the worse could upset him. At the end of the day you have to decide if you're willing to have him choose to go elsewhere.
    • CommentAuthorJonti
    • CommentTimeJan 8th 2022
     
    CWatters,

    you actually said both left and right in your answer so in that case yes you are correct it is what you said.

    djh,

    yes, it is the workers choice where they live but in the case being discussed on this thread it is the business that is deciding where the workplace is so the length of commute is being set by the business and completely out of the control of the worker.

    It could be argued that the worker has the perk of using the business transport to travel to and from work but on the flipside the company is expecting the worker to find secure parking for the vehicle and secure storage for the work tools. Some might have no problem if they have space in a garage but if they live in a terrace house with on street parking maybe not so easy!

    I wonder how CWatters' pilots would cope with the perk of having to take the company transport home on a night :wink:

    Of course the business might offer the choice of starting and finishing at the HQ leaving the vehicle there or straight home from site. I might just have missed that.
    •  
      CommentAuthordjh
    • CommentTimeJan 9th 2022
     
    Posted By: Jontiyes, it is the workers choice where they live but in the case being discussed on this thread it is the business that is deciding where the workplace is so the length of commute is being set by the business and completely out of the control of the worker.
    I think you'll find that it is pretty much always the business that decides where the workplace is (or at least until the very recent WFH craze). The employee decides whether or not to work there based on where s/he wants to work and live among other criteria. The difficulty in this case is about whether or how to change the rules defining the workplace.
    • CommentAuthorJonti
    • CommentTimeJan 9th 2022
     
    Indeed it is usually the business that decides the workplace but where the it is constantly changing as in this case then it is not within the employees' gift to decide the distance of the commute. As for the rest of the post. err...NO not really.
  1.  
    As the contact specifically states at 'any of our sites', that is the get-out clause of not being specific or classing their fixed workplace as the office. By the contract they could have to work 5hrs away if needs must but obviously that's not my working radius. My working radius is roughly (up to 1hr)
    • CommentAuthorCWatters
    • CommentTimeJan 10th 2022 edited
     
    Posted By: VictorianecoAs the contact specifically states at 'any of our sites', that is the get-out clause of not being specific or classing their fixed workplace as the office. By the contract they could have to work 5hrs away if needs must but obviously that's not my working radius. My working radius is roughly (up to 1hr)


    It appears you don't have to pay them for travelling time but it may count towards their working hours for other purposes like the max working week, minimum wage, holiday entitlement, pension, possibly overtime depending on how its calculated.

    Google found..

    https://www.acas.org.uk/working-time-for-someone-who-travels-for-their-job

    Some jobs have no fixed place of work. These are often jobs where the employee spends a lot of time visiting customers or clients. People who do this work are sometimes known as ‘peripatetic workers’.
    snip
    Travel between home and work may count as working time for them.
    It’s still up to the employer to decide if the employee gets paid for this time. The employer must follow National Minimum Wage law.


    https://www.lawdonut.co.uk/business/employment-law/working-time-hours-leave-flexible-working/working-time-regulations#:~:text=Working%20hours%20includes%20any%20time,usually%20counted%20as%20working%20hours.

    Working hours includes any time when the worker is at the employer's disposal and is expected to carry out activities or duties for the employer.
    Work-related training is counted as part of the working week.
    Travel time to and from work is not usually counted as working hours. However, travel as part of the employee's duties is.
    Travel to and from clients at the start and finish of a day is classed as working time where mobile workers have no fixed place of work (for example, care workers and installers or services in client's homes).
    • CommentAuthorCWatters
    • CommentTimeJan 10th 2022
     
    More..
    https://www.xperthr.co.uk/faq/in-what-circumstances-is-travelling-time-included-in-the-working-time-calculation/58522/


    Working time is defined in the Working Time Regulations 1998 (SI 1998/1833) as:

    * any period during which the worker is working, at their employer's disposal and carrying out their activity or duties;
    * any period during which they are receiving relevant training; and
    * any additional period designated as working time under a relevant agreement.

    Working time includes travelling where it is an integral part of the job, for example in the case of a travelling sales executive or a mobile repair person. This includes travel during normal working hours and travel between sites or clients since the travelling is an essential part of the work.

    In Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another [2015] IRLR 935 ECJ, the European Court of Justice held that where workers do not have a fixed or habitual place of work, the time spent by those workers travelling each day between their homes and the premises of the first and last customers designated by the employer constitutes working time under the Working Time Directive (2003/88/EC).
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