Balancing Work and Car Enthusiasm

If you love cars as much as I do, and happen to own a classic TVR car (Tis for those that don’t know!), then you will have experienced the frustration of not being able to get your pride and joy out of the garage, albeit for a few hours for cleaning or repairs. As any car enthusiast knows, and any car owner should know, maintaining vehicles in roadworthy condition is no easy task. Worse still is the cost associated with upkeep and restoration, which can often be prohibitive, meaning that your “baby” languishes in a family garage, day and night, gathering dust and cobwebs like some other pet you were supposed to look after.

A few weeks ago however, I discovered that there is a whole community of like-minded individuals that share an affinity for all things TVR, and they meet every month just outside my office in London. I have been along twice so far, and meet some lovely people that share stories of repair and rebuilding, and a passion for driving one’s ‘pride and joy’. But one thing struck me, and that was the fact that fellow car-owners also seemed ‘properly employed’, meaning that the mechanics of the automotive affair must often take precedence over the day-to-day grind of 9-5 working. That said, how do you balance time off for your legislature or your Maserati?

I am not about to give employment advice, but one thing is clear; if you are going to spend time away from the office, you need to know whether and how doing so is lawful. In short, most employers are obliged to grant time off to employees for court appearances, whether that is jury service or criminal proceedings. However, an employer can make arrangements with the Court for the individual to be excused from jury service, and apply for compensation should this be the case. If, on the other hand, an employee is required to attend court as a witness in proceedings, then an employer has no obligations to grant you time off to attend court, although clients should bear in mind that they may be entitled to full pay should you choose to attend such proceedings.

Moreover, a few words of caution when dealing with your employer, based on experience with employers of other clients: unless there are compelling and unique circumstances advocates should always advise a client that it is better to act lawfully and gain the trust of their employer than to act unlawfully and be summarily dismissed. Essentially what this means is that an employer can only refuse leave to attend Court proceedings if there is a legitimate and real connection between the hearing and the tasks of your employment and if the undertaking of the duty is in itself a reasonable and proportionate measure. The employer must also consider whether it would be reasonable for the employee to be represented in place of their attendance both as a matter of law and also in the context of the particular proceedings.

In all instances the employer would be well advised to involve the employee in the assessment of whether the position is one where its claims are covered by passports, and allow the employee to make representations as to any hardships and difficulties that may occur in the undertaking of the duty. Employers should also appreciate that, in assessing whether to allow an employee to attend Court, simply giving preference to the needs of the business is not sufficient reason to refuse the request.

For car enthusiasts, however, it may well be possible to argue successfully that attendance at a ‘club’ meeting is simply not practical given the level of preservation that a classic vehicle demands. Equally, however, it’s important to avoid conducting services whilst ‘on duty’ and take the day off properly (unless you think that such activity is, in fact, covered by the exemption).

So in summary, always be upfront with your employer and let them know about the need to spend time fixing the ol’ girl. Don’t try and sneak it through as “personal web browsing” or some other pretext. Tell them the truth and negotiate reasonably, and you should be successful in going about maintaining your motor and remaining onside at the same time. According to the in-depth guide on whether an employer can deny time off for court, clear communication is key.