Call us on 0844 324 5840

NEWS & RESOURCES

Work travelling time should count as working time

The recent European Court of Justice judgement ruled those without a fixed or habitual office should consider the travelling time they spend between their homes and the premises of their first and last jobs as part of their hours for the day.

The ruling relates to the Working Time Directive – the European initiative which caps the working week at 48 hours. In the UK, employees have the option of opting out of the directive.

This would mean that workers without a fixed office could charge their employers for how long their journeys take. It would also mean that employers of people such as electricians, gas fitters, sales reps for example, could find themselves in breach of EU working time regulations if they opted to not use a regional office.

The ECJ said that this new law would protect the health and safety of workers and be in line with the European Union’s Working Time Directive.

The court’s decision was in relation to a legal case in Spain that involved Tyco, a security systems company. But as the ruling relates to the EU’s working Time Directive, it would also affect UK employers.

This decision affects those workers who do not have a set workplace such as plumbers, electricians and those working in care and will impact how weekly hours and breaks are worked out. It could mean that employers have to pay their staff for travelling time.

The judgement does not affect those workers who have a fixed place of work.

The court said that many workers are having to start and finish their journeys at their homes because their employer made the decision to close down the regional offices. It was not a choice of the employee. The court felt that workers were having to carry the burden of their employer’s choice and is contrary to the objective of protecting workers’ health and safety, such as guaranteeing workers a minimum rest period.

The unions welcomed this decision saying that although many employers are already reasonable to their staff when it comes to travel time, it will mean that the more unscrupulous bosses wouldn’t be able to force their staff to work exceptionally long hours.

Where travelling time is not paid by all employers, it means that some workers, such as home care workers for example, have not been receiving the minimum wages as the time it takes them to travel between people’s homes has been unpaid.

Following this ruling, the Government said that they were concerned that it would result in higher costs for businesses and that will carry out a review of the implications of the judgement.

SHARE THIS:

Instagram

GET IN TOUCH

Got questions? Looking for advice?

RELATED RESOURCES

Explore our comprehensive library of related resources to gain valuable insights, expert tips, and helpful tools for optimising your HR practices.

01
Protecting your employees from harassment
Webinars
17 June 2024
02
Employment Law Changes Affecting Business Transfers
Webinars
17 June 2024
03
General Election and Employment: The Labour Party Employment and Business Manifesto
News
14 June 2024

SIGN-UP FOR UPDATES

Receive all the latest industry insights, expert tips and exciting updates from HR Solutions, straight to your inbox.

Strategic HR thinking whitepaper

Our latest HR whitepaper offers an in-depth analysis and strategic framework aimed at transforming Human Resources into a pivotal element of business success in the rapidly evolving corporate environment of 2024.

PARTNER REGISTRATION

Register your details below and we will contact you regarding how HR Solutions can support your organisation.

MAKE A GENERAL ENQUIRY

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

Request your free trial

Register your details below and we will contact you about your 30 day free trial of the HR Knowledge Base.

REGISTRATION FORM

Register your details below and we will contact you about access to the HR Knowledge Base.  As part of your approved industry membership organisation you can get access to the HR Knowledge Base, created by Business HR Solutions, which is the go-to resource for thousands of business owners and managers across the UK.

REQUEST A PROPOSAL FROM US

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

BOOK YOUR PLACE

Please complete the form and one of our team will call you back to discuss your query/booking.

2023/2024 SME BUSINESS SURVEY

Our latest 2023/24 SME Business Survey sheds light on the intricate dynamics shaping the SME sector and unveils critical insights that can guide businesses toward sustainable success.

IF YOU WISH TO PURCHASE HR ADVICE LINE TIME, PLEASE COMPLETE THE FORM BELOW.

HR Solutions are here to help. We offer a standard hourly rate package for ad hoc HR advice which means you can pay for what you need, whenever you need it, and then quickly get advice. Our highly experienced advisors are on hand to provide you with practical employment advice to help you manage your workforce.  You can purchase HR Advice Line time now, and the time purchased will be valid for 12 months.