Mobile Workers’ Commute as Working Time

By Jo Faragher on 10 Sep 2015 in Case law, Employment law, Mobile workers, Working Time Regulations

ECJ Confirms Travel Time as Working Time

Journeys made by mobile workers must count as working time, the European Court of Justice (ECJ) has confirmed. The ruling could have significant implications for companies that employ mobile workers who spend a lot of time travelling between appointments.

The decision on the case of Spanish security system installation company Tyco Integrated Security SL followed the Advocate General’s earlier opinion. It concerns technicians who use company vehicles to travel to customer appointments across Spain. Tyco argued that travel time at the start and end of the day does not count as “working time” but rather as rest time under the Working Time Directive.

Key Points of the Ruling

The Court ruled: “Where workers, such as those in the situation at issue, do not have a fixed or habitual place of work, the time spent by those workers travelling each day between their homes and the premises of the first and last customers designated by their employer constitutes working time within the meaning of the directive.”

The ECJ emphasised that not including these journeys would allow employers to claim that only the time spent installing and maintaining systems counts as “working time,” potentially jeopardising worker health and safety. Because the workers are at the employer’s disposal during travel, they cannot use that time freely for personal interests.

Implications for Employers

Chris Tutton, employment partner at Irwin Mitchell, noted that thousands of companies may need to adapt by:

• Ensuring assignments at the start and end of the day are near employees’ homes
• Adjusting working hours generally
• Asking employees to opt out of the 48-hour working week under the Working Time Regulations

Failure to comply could lead to employees exceeding legal working hours and employers facing illegal operation claims.

Graham Richardson, legal director at Bond Dickinson, added that while the decision arose from a Spanish case, it impacts all EU member states, including the UK. Peripatetic workers such as care sector staff, travelling sales representatives, and domestic heating engineers could see their maximum working week and rest break entitlements change.

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