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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5438
Experience:  10 Years of experience in Employment Law and HR
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if on a contract travel days will be paid, but no number of

Customer Question

if on a contract travel days will be paid, but no number of days are stated, if you are routed by your company and it takes 11 days to get home how many days should they pay
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.

Jenny McKenzie :

Hello and welcome to Just Answer, how long have you worked there for?

Customer:

2 years

Customer:

as a contract employee

Jenny McKenzie :

ok do they have a policy on this and what have the done about paying in the past?

Customer:

they pay travel days door to door 2 days each way at times

Jenny McKenzie :

how has a situation arisen whereby the there are 11 days in dispute?

Customer:

i can send the cotract relevant page

Jenny McKenzie :

thanks

Customer:

i had stroke while working in iraq, spent 2 days there, then they flew me to Duabai, where they did not have the therapists, then after 9 more days flew me Bangkok where i got the right treatment

Jenny McKenzie :

Ok thanks I think I need to see the contract.

Customer:

ok you have it

Jenny McKenzie :

I think the issue you have is whether the days are correctly classed as 'travel days' or 'off days'. Travel days are payable and offdays are not. Do you know what the company has done in similar situations in the past?

Customer:

no, as far as i am concerned if i am not i am travelling i am resident in thailand

Customer:

they could have flown me direct to thailand which is what i wanted

Jenny McKenzie :

Ok is this a UK limited company?

Customer:

yes it is a subsidiary of Genel Energy

Jenny McKenzie :

Ok, what reason have they given for not paying?

Customer:

Dear XXXXX,
Thank you for your email, I hope you are feeling better and are on the road to recovery.
With regard to your July payment, as per your authorized timesheet, TTOPCO will pay you for your days worked (1st – 8th July), additionally for 9th July, and for two travel days as per standard TTOPCO policy.
Whilst we were able to ensure that all your medical treatments were provided and all related costs were covered, TTOPCO are not able to pay you for these off days whilst you were sick as only days worked are payable (as per the terms of your contract). Similarly, it is not possible for TTOPCO to pay these days as ‘travel days’ as; 1) standard TTOPCO policy is to pay two travel days per rotation; and 2) officially, you were not travelling during this period.
I hope this clarifies the situatio

Customer:

I asked for a copy of TTOPCO's 'travel policy', not my contract, which as have pointed out to you 'does not stipulate the number of days', also if it 2 days per rotation why do pay some people 3 or 4, it is paid until one reaches their AOO
I did not ask to be sent to Dubai, you sent me there, which was a mistake, as they did not have the people to treat a stroke patient, which you were made aware of, I asked to go to Bangkok.
As far as I am concerned, and this under advice, I was travelling until you got me to Bangkok, you routed me

Customer:

my reply

Customer:

it took them 15 days to reply, also it is not part of any policy

Customer:

today he tells me that there legal dept. will contact me latest monday

Jenny McKenzie :

If they cannot produce a written policy or evidence of a policy that shows that only 2 days are payable then you have an argument that it should be paid.

Jenny McKenzie :

I would suggest you wait to see what response you receive and say you will consider legal action to recover your money if it is not paid.

Customer:

yes that is what i thought i also have other issues as, why did they send me to Dubai, knowing that they did not have the necessary, why did they leave in hospital in Iraq and allows

Customer:

someone to feed me solid food i have 11 points to claim damages

Customer:

the delay in therapy maybe will mean i do not recover

Jenny McKenzie :

You should put this all in writing to them and see what response you receive.

Customer:

ok after i receive their legal dept reply

Customer:

these are 6 the others are work related stress and whistleblowing stuff which is wait & see

Customer:

 


1. Fed solid food – choking


2. No guard


3. Dubai?


4. No proper physio


5. No occupational therapy


6. No speech therapy

Customer:

the most important time for a stroke patient is the first 48 hours not on the 12th day

Jenny McKenzie :

Well I wish you the best with this. As I have answered your original question I would be grateful if you would take the time to rate my answer. I hope that they see sense and make a sensible suggestion.

Customer:

thanks will let you know how it goes

Jenny McKenzie,
Satisfied Customers: 5438
Experience: 10 Years of experience in Employment Law and HR
Jenny McKenzie and 2 other UK Employment Law Specialists are ready to help you

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Jenny McKenzie
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10 Years of experience in Employment Law and HR