Vehicle tracker used as clocking on system is it legal

[akton]

Hi
I have a few questions to ask re Vehicle tracking system used for the purpose of working hours

I work for a medium sized company,and they have chosen to use the tracking systems in vehicles as an accurate method to use as their company clocking on system.
I also have to fill in and provide a time sheet which is also signed by me.

I travel from my home to my office which is my place of work everyday.
The company I work for, calculate my working hours from the company owned vehicle fitted with a tracker.
I may from time to time have to visit other locations and not to my office

I dont have a contract with them as they do not offer contracts,they also have not provided me with their company policy and procedures.

1.Can they legally pay you using this method
2.They often change my time sheet without my knowledge and change my hours worked,the time sheet is signed by me and then changed by the management without my knowledge.
3.The company tracker is not 100% accurate and on occasions has had me placed in Germany and Holland when I was in the UK.

I have had several issues with them re the times and my hours that I have worked and they insist that they pay from the vehicle tracker, even though I am not a professional driver or working from my vehicle.
I only use the vehicle to convey me to work and whilst in working time for company use

Can you please assist my Inquiry

Thanks

Jon

[charitynjw]

Re: Vehicle tracker used as clocking on system is it legal

Hi Jon,

If the method they are using is inaccurate, & you can positively prove this to be the case, then if this is detrimental to your pay, you could submit a written grievance, & ultimately take court action for for withholding wages that are due to you.

[akton]

Re: Vehicle tracker used as clocking on system is it legal

Thanks for your reply

What is the law on using the vehicle tracker as a clocking on type system

1.Can they legally pay you using this method
2.They often change my time sheet without my knowledge and change my hours worked,the time sheet is signed by me and then changed by the management without my knowledge.


Regards

Jon

[bluebottle]

Re: Vehicle tracker used as clocking on system is it legal

Telematics, the technology used in vehicle tracking systems, is used, mainly, in the road transport and passenger transport industries. In road transport, telematics is often used to let a customer know where a delivery vehicle is and its ETA. In passenger transport, it is used to provide the information on the matrix signs at bus shelters (RTPI - Real-Time Passenger Information).

As to whether the use of it is lawful in your case, it might be worth contacting ACAS. Also, some of the practices your employers are engaging in, e.g. changing the entries on your time-sheet after you have signed it, are potentially suspect. Again, I would be inclined to speak to ACAS about this.

[Inca]

Re: Vehicle tracker used as clocking on system is it legal

My OH used to work for a firm that used trackers to basically be a 'spy in the cab'.....and to check noone was using the company vehicle for private use..
The 'company vehicle' was a grotty disgusting 7.5 tonner used to transport playground equipment,concrete,ballast and a cement mixer !!! Hardly a luxury car !!

[mystery1]

Re: Vehicle tracker used as clocking on system is it legal

Thanks for your reply

What is the law on using the vehicle tracker as a clocking on type system

1.Can they legally pay you using this method
2.They often change my time sheet without my knowledge and change my hours worked,the time sheet is signed by me and then changed by the management without my knowledge.


Regards

Jon

1. Why not ? I'd also say you score as you are then paid to travel to work. As long as inaccuracies are corrected if you bring them to their attention i see no issue.

2. Depends on the purposes, i guess. If it's to vary wages then complain. If it's to bill clients then you have to decide if it's worth kicking up a stink for something that really doesn't affect you. I'd be keeping copies though, for protection.

M1

[wales01man]

Re: Vehicle tracker used as clocking on system is it legal

Does your pay start when you reach the office?

[bluebottle]

Re: Vehicle tracker used as clocking on system is it legal

Telematics is reliant on a satellite having direct line of sight with the vehicle it is tracking, if it is one of the GPS/GPRS based systems. However, such systems have an inaccuracy inherent in them and this can vary, depending on which system is being used. If the employer is changing times on time-sheets to allow for such discrepancies and the employee is taking the time on their wristwatch, it will depend on the difference in time between what the employee has entered on the time-sheet from their wristwatch and what the employer is claiming the tracking system is saying, allowing for any inherent system discrepancy.

If the difference in the wristwatch times and claimed tracking system times, allowing for inherent system discrepancy, is +/- 1 or 2 minutes, that may be acceptable, but if the difference is more than this, then the use of the tracking system, as described by the OP, may be open to question and, indeed, challenge.

Telematics, if used properly and responsibly, can be a lifesaver and resolve disputes, especially as to the location of a vehicle, and to the best of my knowledge and belief, its use in these circumstances is perfectly lawful, However, using it as a clocking-on/clocking-off tool is, in my opinion, open to question as to the legality of its use for such purposes and this is why I have advised that the OP seeks guidance from ACAS.

[teaboy2]

Re: Vehicle tracker used as clocking on system is it legal

Just like to point out the the OP does have a employment contract regardless of whether the company refuses to give one or not and that the company is in breach of the employment rights act 1996 for failing to provide a written statement of particulars!

As for using tracking, well if the vehicle is used for both private and business use, then their should be a provision of a disable tracking button, as monitoring of the vehicles movements whilst used for private use without consent of the employee is in most cases likely to be unjustifiable by the employer, and likely puts them in breach of human rights and privacy laws.

So pointing out to the employer that you do not consent to them monitoring your private use of the vehicle, then unless they provide a button to enable to driver to disable tracking and re-enabling it for when they use the vehicle for company/business use, then the company may likely be in breach of human rights, privacy and employment rights laws.

[wales01man]

Re: Vehicle tracker used as clocking on system is it legal

the company then could take the car away? if the Op wants to disable the tracker

[ostell]

Re: Vehicle tracker used as clocking on system is it legal

Piece of heavy kitchen foil around the GPS aerial? Then the company will see how accurate it is.

[akton]

Re: Vehicle tracker used as clocking on system is it legal

I am only paid once I get to my place of work or office.
I do not receive any payment for travelling from home,
The accuracy of the tracer readout often gives misleading and inaccurate reports leading to my doubt,I have seen the reports placing me in Germany and also in Holland but have never left the uk

I will be taking the issues up with ACAS on Monday with regards using it for payment.

Thanks for all your replies

[bluebottle]

Re: Vehicle tracker used as clocking on system is it legal

I am only paid once I get to my place of work or office.
I do not receive any payment for travelling from home,
The accuracy of the tracer readout often gives misleading and inaccurate reports leading to my doubt,I have seen the reports placing me in Germany and also in Holland but have never left the uk

I will be taking the issues up with ACAS on Monday with regards using it for payment.

Thanks for all your replies

From what you have said, the tracker system being used is very inaccurate. Which make is being used, please?

[Bignick]

Re: Vehicle tracker used as clocking on system is it legal

Piece of heavy kitchen foil around the GPS aerial? Then the company will see how accurate it is.

That's if you can find the antenna.

Many tracker installers nowadays take into account that employees may try to tamper or disable trackers, leading to very devious / complicated locations for equipment.
At times, our company has gone to great lengths including removing complete dashboards to ensure a secure installation.

Also, there are other ways and means to determine whether equipment has been tampered with.
I think we've seen most of the brilliant ideas to disable trackers!

Oh and by the way, unauthorised tampering with company property could land you in a heap of trouble!

Nick.

[wales01man]

Re: Vehicle tracker used as clocking on system is it legal

Have to say that if anyone has a vehicle tracker fitted to a company vehicle and they don't like it Get another job.
An employee does not tell the employer they don't like the tyres on a vehicle?
We live in a country where there are HMRC rules on company vehicle use tax is payable on company vehicles so an employer must know when and where the vehicle was