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Original poster

Time in lieu for travelling to work

166 replies

Snyder86 · 30/09/2021 13:27

Maybe someone can provide with some help or guidance.

I work for an online company where everyone works from home. Every couple of months the company does a company wide "get together" where they rent out a large accommodation and we are all expected to travel to this location and work together usually for 2/3 days.

The travel itself is reimbursed for mileage and any expenses. However travel time is not. We have a work meeting coming up in a couple of weeks and the location has been set at a whopping 6 hour drive from my home. After alot of persuasion the company has agreed to pay for 1 nights accommodation on the Sunday night so I can travel down on the Sunday afternoon. Instead of having to wake up at 2am to travel 6 hours in order to be onsite to work at 8am. However when we finish work on Wednesday 5pm. I'm expected to drive home for 6 hours after a full day work then be available to start the next day at 8am.

In my work contract it does state something along the lines of "you must be flexible as from time to time, you may be required to work reasonable additional hours for the proper and effective performance of your duties."

I think it is under this clause that they are saying that travel time is not reimbursable. However something about this seems inaccurate. All employees work from home, this isn't a choice. It's how the company runs, we don't have a work office as everything is based online. So my home is my fixed place of work. Surely travel to a compulsory meeting, if the mileage and expenses are covered than the travel time to and from the location should also be covered? I appreciate that in some contracts it says something along the lines of "additional work is not paid" when you are a salaried employee. However you can't be expected to work for free so in these instances you are given time back in lieu which is what I would have thought to be appropriate in my circumstances however I am unable to find any information to either support or dispute this.
It's a shot in the dark but maybe someone here has more of an idea as to whether I am out of line to ask for the 12 hours in total I will be driving to be given back in lieu.
Thanks in advance

OP posts:
Anonymous48 · 30/09/2021 17:20

Assuming you're a salaried employee, then no, you couldn't expect to be reimbursed for travel time.

RealBecca · 30/09/2021 17:20

I think youve dug your own grave a bit by arguing for a compromise. Id have simply said im not available to work 6 (or actually 12) hours outside of my contract in a single week

careerchangeperhaps · 30/09/2021 17:23

I must be a very generous employer. My staff occasionally have to work away from our usual place of work, for 3-4 day conferences/ exhibitions.
On day one, I pay travel time from our normal workplace to the exhibition venue (usually in a different city several hours' by train) - paid 'work time' finishes when we leave the venue that evening following set-up to retire to our hotel. Days 2 & 3 - paid from arrival at the venue until the end of the working day when we leave for dinner / back to the hotel.
Final day - paid from arrival at the exhibition until we get back to our normal workplace, so travel time from exhibition is paid for.

HalzTangz · 30/09/2021 17:23

@neverdidnt

Not sure you’ll have much luck asking to be paid for travel time, but I thought under working time regulations you had to have 11 hours rest time between shifts. As far as I’m aware, travel time to a place of work is included in this if it isn’t to a fixed place of work. So perhaps you’ll be allowed to start work a bit later the next day.
If she finishes at say 4 and starts at 8 she has the legal rest time. Rest time won't include any driving Inc commute.

The OP would be better to fly down and get taxis which would probably reduce her travel time by half if not more

Cameleongirl · 30/09/2021 17:29

@careerchangeperhaps

I must be a very generous employer. My staff occasionally have to work away from our usual place of work, for 3-4 day conferences/ exhibitions. On day one, I pay travel time from our normal workplace to the exhibition venue (usually in a different city several hours' by train) - paid 'work time' finishes when we leave the venue that evening following set-up to retire to our hotel. Days 2 & 3 - paid from arrival at the venue until the end of the working day when we leave for dinner / back to the hotel. Final day - paid from arrival at the exhibition until we get back to our normal workplace, so travel time from exhibition is paid for.
@careerchangeperhaps So it's overtime for salaried employees?

I wish I'd had a job with paid overtime!

SofiaMichelle · 30/09/2021 17:29

The OP would be better to fly down and get taxis which would probably reduce her travel time by half if not more

Is there an airport at each end of the journey? I can't see the start/end locations stated anywhere.

listentomydeclaration · 30/09/2021 17:39

I would expect travel costs to be reimbursed, accomodation costs if needing to stay somewhere.

I'd love TOIL for extra hours of work but there is no policy where I now work and its up to managers.

TOIL was standard in the public sector but no one really worked extra hours anyway. It was rare.

LadyofMisrule · 30/09/2021 17:44

Every job I've worked in I'd be expected to be paid for any travel. Sometimes (overseas) there is a maximum time payable (3 hours for travel within Europe). Within the UK I get paid as though I'm starting the journey from my home office. It gets booked as travel time, or overtime if it is on a non-work day.

UnshakenNeedsStirring · 30/09/2021 17:49

Pre Covid I travelled 3 days a week for 4:15 hours a day to work. Travel to work is not reimbursed at least not where I work.

lockdownalli · 30/09/2021 17:51

@nothingcanhurtmewithmyeyesshut

I'd just smile and agree to whatever and then unfortunately test positive for covid.
Yeah, me too
Dixiechickonhols · 30/09/2021 17:51

It’s driving on work business though not commute as it’s not her ordinary place of business. So finishing at 5pm even if she runs out of door of conference with a 6 hour drive with 2 rest stops (driving 2 hours max a stint for safety) is not seeing her home until at least midnight with no traffic delays etc. Then back at work 8 am. So well under 11 hours rest away from work.
If she falls asleep at wheel at midnight or 7am on way to work day after and kills all 4 occupants of another vehicle in a head on collision I suspect her RTA insurers facing paying out millions would argue that it’s an Employer’s liability claim and those insurers should pick up tab. Her employers are legally obligated to risk assess from safety point of view. I can’t see any reasonable justification for making employees drive 6 hours after a 9 hour work day and clock on at 8 day after.

Caulidop · 30/09/2021 17:58

I haven't read through all the comments but am astounded by the amount I've read so far that think it is acceptable for an employer to expect you to travel for 12 hours without pay/TOIL. It absolutely is not ok. If you are travelling for work it is not your free time, it is time you are dedicating to work, therefore should be paid or considered as working hours and TOIL given. If you are staying overnight at a conference, your working day finishes when your time is your own. Ie. you can choose what to do with your time, (except if dinner is paid for and the time taken for that) There should also be a minimum of 11 hours between work days, so if you get home at midnight you shouldn't be expected to be available to work until 11am the following day. Contracts will generally specify amount of working hours; outside of this either is paid at overtime rate, given as TOIL, or not expected. People who do this without question are obviously bonkers.

Hadalifeonce · 30/09/2021 17:59

When I used to travel for work, we would get mileage reimbursed, Hotel and food paid for, plus £20 overnight allowance; which covers for the inconvenience of being away from home (that was 20 years ago, so would expect an overnight allowance to be more now).

ChrisS36 · 30/09/2021 18:00

Forget it. No way you can claim time off.

Writing this on my train home from work an hours journey as I do every commute.

icedcoffees · 30/09/2021 18:01

@ChrisS36

Forget it. No way you can claim time off.

Writing this on my train home from work an hours journey as I do every commute.

Even though plenty of people on this thread have claimed time off in exactly the same circumstances?

Your commute to your usual place of work is not the same as what's being discussed here.

SirChenjins · 30/09/2021 18:03

@Caulidop

I haven't read through all the comments but am astounded by the amount I've read so far that think it is acceptable for an employer to expect you to travel for 12 hours without pay/TOIL. It absolutely is not ok. If you are travelling for work it is not your free time, it is time you are dedicating to work, therefore should be paid or considered as working hours and TOIL given. If you are staying overnight at a conference, your working day finishes when your time is your own. Ie. you can choose what to do with your time, (except if dinner is paid for and the time taken for that) There should also be a minimum of 11 hours between work days, so if you get home at midnight you shouldn't be expected to be available to work until 11am the following day. Contracts will generally specify amount of working hours; outside of this either is paid at overtime rate, given as TOIL, or not expected. People who do this without question are obviously bonkers.
Absolutely agree. Unless you’re being paid a huge sum to have the lines between work and home blurred to the point of non existence you’re mad to spend 6 hours of your own time travelling for free for your employer with nothing in return.
ChrisS36 · 30/09/2021 18:08

Financial compensation is reasonable for fuel costs, accommodation etc. The clause in your contract would cover extra travel time however that would be reasonable to expect you to do that occasionally. Certainly any company I’ve worked would not give me time off though I’ve flown to Madrid to train staff then worked in London the next day. It’s tiring but part of my job.

Can you travel by train if it’s a 6 hour drive?

Puffykins · 30/09/2021 18:14

Was it outlined that this would be expected when you joined the company? If yes then it is part of your role, if not then you may have an argument. For instance, I used to work in fashion - we did not get time off in lieu for fashion shows (so two months of the year we'd be working weekends and week days and be abroad - and as a writer I'd be filing copy at night.) However if something else happened at a weekend - such as having to travel to interview someone - we could take time in lieu. But there was also an expectation that we would work however many days/ hours needed to get our jobs done - and there was a quantitative amount we had to do, ie x number of features a month. We only got the time in lieu IF we had done that. Does that make sense? Is there a quantifiable aspect to your work output that means you can argue a day in lieu for travel?

takenforgrantednana · 30/09/2021 18:22

i would just tell them yo need to leave at12. due to the time needed for returning back to your normal place of work i.e. home. then go for lunch and just not come back and go home. the other would be if you had gone on the train you could have said your train leaves at......... and if you miss that then they will have to book you into a hotel at there cost

schoolhelp22 · 30/09/2021 18:36

Civil service here, I would be able to claim that back if I was travelling to a place I wasn't "pinned" to.

christinarossetti19 · 30/09/2021 18:55

I think it partly depends on whether locations are varied, so that different staff are inconvenienced each time tbh.

If they are varied and sometimes you only have to travel a short distance/time, that's different to you (and some other staff) having to spend 12 hours travelling every couple of months, while some staff never had these long commutes.

Although this could be covered in the part of your employment contract that you quote in your OP.

Taswama · 30/09/2021 19:13

@takenforgrantednana

i would just tell them yo need to leave at12. due to the time needed for returning back to your normal place of work i.e. home. then go for lunch and just not come back and go home. the other would be if you had gone on the train you could have said your train leaves at......... and if you miss that then they will have to book you into a hotel at there cost
I think this is a good solution. You miss a bit of the working day but are not travelling late into the night. Money aside, it is unreasonable to expect you to drive a long way after a full day at work. You haven't answered as to whether the train is an option, although I've worked at companies where you were expected to drive as it was cheaper.
Sandinmyknickers · 30/09/2021 19:18

Is it your choice to drive, or is there a train/ flight option that us quicker but that you are ignoring because you prefer driving?
I think that would be a factor when considering whether your request is reasonable. Tbh u can't think of many 6 hoir driving journeys that could only be driven and wouldn't allow you time for sleep/recuperation

united4ever · 30/09/2021 19:22

I would expect to get the time back if not paid. I flew long haul for work a few time and got every hour back from leaving my house to the destination hotel. Around 30 hours for the return trip so had nearly 4 days to take as flex in that month. I think that is unusually generous though but as my boss kindly said 'well you could have been doing other things I suppose'. Was great.

tiktokdrama · 30/09/2021 19:22

I used to fly a lot for work, often Sunday evenings, I never got nor expected TOIL. Always made sure I expensed nice meals while traveling though

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