Kier Highways Ltd (KHL) apply a further uplift to their hourly rates, a ‘multiplier’ when their operatives work outside of ‘core hours’ (8am to 5pm). Kier have produced an ‘insurers Guide’ and documented ‘Core Hours’:
KHL will say this uplift is a cost they incur, (also see ‘overtime‘)that is paid to their operative. However, the information in our possession suggests this is a misrepresentation that:
- ‘core-hours’ have no effect upon costs
- core-hours are a device to enable a multiplier to be applied, to convince Third Parties this is an incurred cost
- the uplift is not passed to the operative but
- the uplift is a means by which KHL make secret, excessive profit
If the above is correct, it is difficult to conclude that the conduct is other than fraud.
- KHL have acknowledged that the rate Friday to Monday of 2.5x is incorrect and should be 2x.
- Ms Granville of Kier informed a Court the hours are 9am to 5pm (2359). We suspect the inconsistency results because the hours are made up, not as stated.
- We can evidence AIW’s working shifts by reference to:
We now have many accounts of the ‘shifts’ and it is these which give rise to the use of multipliers.
The Insurers Guide (extract above) displays ‘core hours’ as defined by Kier. It appears these are nothing more than Kier Highway’s ‘office hours’ and do not affect AIW’s (as an example) who work shifts.
In support of our belief AIW’s do not work ‘core hours’ (8am to 5pm) are documents which we comment upon below but which have been collated here (registered users only):
- in 08/2016, Highways England responded to an FoIA request stating that Kier staff work:
- 24/7 cover facility from 6am on Monday to 6am on a Saturday
- From 6am on a Saturday to 6am on a Monday Kier operate a call out basis cover system.
- In respect of an 02/2016 incident presented by Highways England, our ref. U01A013, Kier Highways informed HE that the AIW’s were working 11am to 8:30pm; one of the shifts an AIW informed us that they worked.
- The multiple accounts we have been provided about shifts. Either AIW’s do or do not work shifts. The accounts can be found by clicking here. To date we have 9 accounts.
- Incident Management Forms (IMF) – these record the location of the AIW when contacted, when they responded and when they arrived. If AIW’s worked ‘core hours’ we would expect them to be at home when contacted and to take time to attend an incident as a pair, in their equipped, KHL, vehicle. Daily Time Costing Sheets (DTCS) are also provided where available. A DTCS is an operatives time sheet and these are seldom provided to Third Parties on below-threshold claims – they display the shift an operative is working:
- 20:30hrs 14/10/2014 (U02A556). ” AIW’s on A46 when contacted – Area 9. Attended in about 30 mins. U02A556-0044589 IMF.PDF The DTCS displays night work – U02A556-0044589 DTCS.PDF
- 03:30hrs 18/12/2014 (S07B517). 2 AIW’s contacted at 3.30am attending an M6 incident 30 minutes later. – S07B517-0032710.PDF
- 20:15hrs 13/03/2015 (T05B074). AIW’s on duty at 8:15pm – attended scene 30 minutes later – 150313 Area 9 IMF 8pm
- 05:15hrs 24/03/2015 (T05B228). AIW’s at Coleshill depot when contacted, attended in 20 minutes – T05B228 AIW 5am
- 02:50 11/12/2015 -(T06B547). AIW’s on the M5 when contacted, at the scene 4 minutes later T06B547-0033252.PDF
- 03/02/2016 20:00hrs to 05:30hrs AIW’s – U07C385 DTCS 2am 160204 fatality
- 10/02/2016 (U01A013) AIW’s Uebersax & Simkiss working on an evening as evidenced by this extract from the DTCS – U01A013-0042333 DTCS.PDF
- 20:36hrs 11/02/2016 . AIW’s on the A3 when contacted and at the scence 15 minutes later. 160211 IMF 8pm
- 16:48hrs attend when on the A46, retuning later 18/07/2016. Uebersax & Simkiss – IMF:U03A930-0046582 IMF.PDF their shift was 11am to 8:30pm as evidenced by the DTCS – U03A930-0046582 DTCS.PDF
- 21:20hrs 29/07/2016. AIW’s Uebersax & Simkiss on M6 when contacted. U04b286 IMF – U04B286-0048254 IMF.PDF The DTCS displaying a shift of 8pm to 5:30am – U04B286-0048254 DTCS.PDF
- 20:15hrs 31/08/2016 (U06B782). ” AIW’s working, attended 15 minutes later – IMF: U06B782-0050815 IMF.PDF – working 8pm to 5:30am – shift detailed on Daily Time Costing Sheet – U06B782-0050815 DTCS.PDF
- 23:39hrs 11/10/2016 (U08C499). AIW’s on the M6 when contacted, attended in 36 minutes – U08C499-0054308.PDF and DTCS – 20:00hrs to 05:30hrs AIW’s – U08C499-DTCS.PDF
- midnight (approx.) 02/03/2017 (U08C552) AIW’s on M4 when contacted. IMF – U08C552-0054563 IMF.PDF
- 18:00hrs 26/06/2017 (T04B031). AIW’s on duty at 6pm, on the M6 and attended scene in 20 minutes – 150615 M6 IMF 6pm
- Highways England are not charged the multiplier:
- likely because it is known to HE that this is not a cost incurred by KHL
- IF KHL did in fact incur the cost, have to pay their operatives the uplift, they would be running at a loss on HE incidents after 5pm weekdays
- At our request, Highways England recently asked KHL what shift the AIW’s associated with an incident were working. The response was ‘nights’; a period that is inconsistent with working 8am to 5pm.
- KHL, having stated they would send evidence of the entitlement, the relevant extract from the contract, have failed to do so.
- In October 2017, an AIW role was advertised and the job description included the statement ‘When operating at night, the AIW will perform a supervisory role and will attend incidents and assist with severe weather management as required’ i.e. AIW’s work at night, after 5pm (Job Description – click here).
On 10/02/2016, Highways England were presented a claim for approx. £18,000. As KHL had provided Highways England the AIW’s Daily Time Costing Sheets (DTCS) however, upon examination of these, we could not reconcile them with other documentation. The DTCS recorded the AIW’s working until 8:30pm L539267 amended records U01A013
- ‘core hours’ are a term used by Kier Highways Ltd for a period that mirrors their office hours.
- AIW’s working ‘Core Hours’ is untrue.
- AIW’s of a week work 3 shifts
- facts have been misrepresented to us, Third parties and the Courts.
If working outside of ‘core hours’ (if the shifts undertaken) cause KHL to make increased payment to their staff, why not explain this?
An AIW’s salary is said to be about £40,000 / year. It appears this sum is to cover the anti-social hours, that the role is akin to that of police officer who knows when he starts he’s going to be working three shifts a week with certain days off, he doesn’t get any more money from turning up for a night duty than he does for late turn (5070).
As ‘core hours’ do not exist for an AIW, we are being given a false account. If, as is suspected, AIW’s are not paid more money (a multiplier) when working after 5pm of an evening, the deception is being supported and furthered by the brochure KHL produce, the ‘Insurers Guide’; it appears this is a document created to mislead. KHL have explained ‘core hours’ to a Judge but Ms Granville of Kier, when giving evidence for Highways England (the claimant) conveyed the period as 9am to 5pm (as opposed to 8am) – line 2538 on.