My employer is insisting that we have to be at our place of work by 7.45am ( our contracted starting time ) and not just have clocked in at that time or be siiting in the tea room until 7.45. what he means is that we have to be in the factory at our machinery or what ever we do at that time ready to start and that he can keep us in the factoryuntil 4.15 our contracted end time. Has he this right in law or is he just trying it on ?
You're employer is right I'm afraid. If he pays you from 07:45 then that's what time you should start working - not the time you should be walking through the door. Clocking in, removing your coat, depositing items in a locker etc. are all things that, even though you're on work premises, should be done in your own time. It sounds as though too many people are taking the P155 and he's decided to put his foot down!
At my place of work it is written into my employment contract, " you are expected to arrive at work at least 10 minutes before the start of your shift, to enable your prompt arrival on the shop floor."
I think the employer's argument would be that you should be "ready for work at 0745" (or whenever). If you're finishing your tea, getting changed, or hanging your coat up, then you're not ready.
I wouldn't have thought it needs to be in writing anyway. It's common sense surely? If I was an employer and was paying my staff to work from 07:45 hours, then I would expect them to be ready to start work at precisely that time. That's like a supermarket opening at 08:00 hours and you're stood outside the door for an extra 5 minutes because staff have arrived at 08:00 hours and need an extra 5 minutes to prepare themselves! Perhaps it's something you've always been used to but why do you think your employer should pay you for the few minutes it takes you to walk from the tea room to your work position? It's in your time and not productive for him.