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Key Ruling: Time spent travelling to and from the first and last appointments by workers without a fixed office must be considered working time, the European Court of Justice (ECJ) has ruled. Until now, many employers did not account for this travel when calculating hours under EU working time rules.
Background to the Case
The dispute arose in Spain when security-systems installer Tyco closed its regional offices in 2011. As a result, employees began each day at home and travelled directly to their first appointment, and returned home after their last. The ECJ held that this travel burden arose from the employer’s decision, not the workers’ choice, and thus must be treated as part of their paid working hours.
What the Ruling Means
The court emphasised that its decision serves to protect the health and safety of workers as outlined in the European Union’s Working Time Directive. This directive:
- Limits the average working week to 48 hours
- Specifies minimum break periods between shifts
- Guarantees annual leave entitlements
By including travel time, employers must ensure that workers receive their minimum rest periods and do not exceed the maximum weekly working hours.
Implications for UK Employers
Thousands of UK firms — including those employing care workers, gas fitters, and sales representatives — may now be in breach of the Working Time Regulations. Chris Tutton of Irwin Mitchell told the BBC: “Thousands of employers may now potentially be in breach of working time regulation rules in the UK.”
Employers should:
- Review travel policies for mobile staff
- Adjust time-recording systems to include first-and-last journey times
- Ensure compliance with rest-period and maximum-hours rules
Clarification on the National Minimum Wage
Employment law barrister Caspar Glyn noted that this ruling does not affect claims to the UK national minimum wage, which is a domestic right rather than an EU one. He explained: “The minimum wage regulations in the UK do not count as work travel from home or to any workplace.”
Further Reading
For more on this landmark decision, see our related article: Travelling to Work is Work: European Court Rules.
workersofengland.co.uk | Independent Workers Trade Union
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