Q&As

Where an employee has travelled abroad for work, are they entitled to be paid for time spent in transit and resting, and if so a) should they be paid at their normal rate of pay, or at an overtime rate for those hours, or b) can an employer require them to take time off in lieu rather than pay them for those hours? How do the provisions of national minimum wage legislation impact on the employee’s entitlement to pay for such time?

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Published on LexisPSL on 09/10/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Where an employee has travelled abroad for work, are they entitled to be paid for time spent in transit and resting, and if so a) should they be paid at their normal rate of pay, or at an overtime rate for those hours, or b) can an employer require them to take time off in lieu rather than pay them for those hours? How do the provisions of national minimum wage legislation impact on the employee’s entitlement to pay for such time?

Where an employee has travelled abroad for work, are they entitled to be paid for time spent in transit and resting, and if so a) should they be paid at their normal rate of pay, or at an overtime rate for those hours, or b) can an employer require them to take time off in lieu rather than pay them for those hours? How do the provisions of national minimum wage legislation impact on the employee’s entitlement to pay for such time?

Consideration should be given to:

  1. the contractual position

  2. the position under the National Minimum Wage Act 1998

An employee’s contract of employment will usually set out standard working hours they are expected to be available for work (see, Practice Note: Written statements of employment particulars—to 5 April 2020 [Archived]), often with a degree of flexibility built in allowing the employer to vary normal hours

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