Working away from home

[Shirley Temple]

Hi all it's me again,

Im looking for a little advice for my hubster,

He works for a bathroom fitting company he's been there for 17 months,
The company has won a contract for a county over 2 hrs drive away each way, so they asked my hubby to do the work and they will put him in an hotel/B&B for the two weeks mon/fir coming home at the weekends, and they gave him a £80 per week food allowance, But they have refused to give him any extra pay, he normally works from 7-5 Mon/Fri but whilst away he can only work 8-5 effectively loosing 5 hours pay per week, so not only is he not gaining any extra pay for working away from home but he's also loosing pay, He has told them that he will do this week and next week but will not do anymore than that.

My question is can they sack him or refuse to give him any work if he does not work away,

He wasn't originally contracted to work away, there is nothing in his contract that says he has to work away, infact there is nothing in there at all about working away.

Also are they not braking any sort of law by not paying him any extra for working away?

Tia xxx

[ssparks2003]

Re: Working away from home

in regard to your last question, no they are not breaking any sort of law by not paying him extra for working away. Though in fact they are; he is being given £80 a week subsistance, I shall assume that they don't currently pay his weekly food bill when he lives at home yet I would guess he still manages to eat so there is an additional payment; its £80 a week.

As to whether he has to do the work; well without seeing his contract i can not comment; though i would be asking for the 7-5 pay still.

[nemesis45]

Re: Working away from home

Does the 7 till 5 pay include travelling time?

[Shirley Temple]

Re: Working away from home

No the 7-5 pay does NOT include travel time, and yes they have paid him £80 for food allowance for the week but as I believe it stands when you work away your boss pays for your digs, a food allowance plus extra money for the inconvenience of being away from home

[teaboy2]

Re: Working away from home

They should pay for accommodation and give a subsistence allowance, - though a lot of B&B's include cost of food in with the price of accommodation.

What your husband is entitled to as a minimum in subsidence allowance you can find details on here - http://www.hmrc.gov.uk/manuals/eimanual/eim05231.htm

It may be the reduction in hours is due to contractual terms between the company and person/company they are providing the work too. For instance, if they are fitting bathrooms to residential housing, then anything before 8pm is likely deemed unsociable hours - So its likely the company, housing association made the hours were work is permitted to take place a term of the contract between them and the company your husband works for.

Travel time is irrelevant if the company putting your husband up in a B&B because that means there is not travel time! and the 2 hours it take for him to get from home to B&B will be classed as standard travel to work, same for getting back!

As for the reduction in hours, well your paid for hours you work, unless on a salary! but whether he should still be paid for the 5 hours where he losses depends on how many hours per week he is contracted to work. So if hes contracted to work 40 hours a week, but the employer can only offer him 35 hours work, the employer must still pay him for those 5 hours where no work is available! This is called Gauranteed payment and is a statutory right under Part III section 28 of the employment rights act 1996 (see below for legislation which can also be found here - http://www.hmrc.gov.uk/manuals/eimanual/eim05231.htm):

"28 Right to guarantee payment.

(1) Where throughout a day during any part of which an employee would normally be required to work in accordance with his contract of employment the employee is not provided with work by his employer by reason of—

(a) a diminution in the requirements of the employer’s business for work of the kind which the employee is employed to do, or

(b)any other occurrence affecting the normal working of the employer’s business in relation to work of the kind which the employee is employed to do,

the employee is entitled to be paid by his employer an amount in respect of that day.

(2) In this Act a payment to which an employee is entitled under subsection (1) is referred to as a guarantee payment.

(3) In this Part—

(a) a day falling within subsection (1) is referred to as a “workless day”, and

(b) “workless period” has a corresponding meaning.

(4) In this Part “day” means the period of twenty-four hours from midnight to midnight.

(5) Where a period of employment begun on any day extends, or would normally extend, over midnight into the following day—

(a) if the employment before midnight is, or would normally be, of longer duration than that after midnight, the period of employment shall be treated as falling wholly on the first day, and

(b) in any other case, the period of employment shall be treated as falling wholly on the second day.

29 Exclusions from right to guarantee payment.

(1) An employee is not entitled to a guarantee payment unless he has been continuously employed for a period of not less than one month ending with the day before that in respect of which the guarantee payment is claimed.

(2) (Retracted by later amendment to the Act)

(3) An employee is not entitled to a guarantee payment in respect of a workless day if the failure to provide him with work for that day occurs in consequence of a strike, lock-out or other industrial action involving any employee of his employer or of an associated employer.

(4) An employee is not entitled to a guarantee payment in respect of a workless day if—

(a) his employer has offered to provide alternative work for that day which is suitable in all the circumstances (whether or not it is work which the employee is under his contract employed to perform), and

(b) the employee has unreasonably refused that offer.

(5) An employee is not entitled to a guarantee payment if he does not comply with reasonable requirements imposed by his employer with a view to ensuring that his services are available."

So if anything your husband is actually benefiting by reduction in cost of household food bill, since won't be eating at home, meaning less expense on food during the period. Whilst also being given an £80 subsistence allowance to cover cost of meals whilst working away! And should still be paid by law under Guaranteed payment legislation, for the 5 hours less work per week, which he would otherwise work!

By the way, its perfectly common to not have terms regarding working away from home in contract of employment, is most likely found in the company hand book.

[vanman]

Re: Working away from home

What your husband is entitled to as a minimum in subsidence allowance you can find details on here - http://www.hmrc.gov.uk/manuals/eimanual/eim05231.htm

thats maximum not minimum



Payments in excess of the benchmark rates -The benchmark rates are the maximum tax and NICs free amounts that could be paid by employers who choose to use this system. An employer could pay less than this rate if it wants to do so. If a higher amount is paid without agreeing a tailored scale rate with HMRC, the excess should be subject to tax and NICs.

[teaboy2]

Re: Working away from home

[/INDENT]thats maximum not minimum



Payments in excess of the benchmark rates -The benchmark rates are the maximum tax and NICs free amounts that could be paid by employers who choose to use this system. An employer could pay less than this rate if it wants to do so. If a higher amount is paid without agreeing a tailored scale rate with HMRC, the excess should be subject to tax and NICs.

Yes indeed it is Maximum amounts - Thanks for correcting that.