In many industries workers do not have a fixed or regular place of work, instead travelling directly from home to various locations, such as customer premises, suppliers and events, etc.
Under the European Working Time Directive, “working time” covers any time when the worker is working, at the employer’s disposal and carrying out their activity or duties. The Working Time Directive is implemented in the UK via The Working Time Regulations (WTR) and neither provides any guidance on whether travel to and from work or between places of work should be classed as working time.
Paid travel time for work
In order to assess whether time is “working time”, the following three questions must be asked:
- Is the individual working?
- Is the individual carrying out his duties?
- Is the individual at their employer’s disposal?
The lack of guidance regarding the issue of what does and does not “constitute” working time has led to widespread confusion and litigation, particularly as workers have the right to be paid for the time they spend travelling between different assignments during their working day.
The confusion in this area was highlighted in a recent poll commissioned by Department for Business, Energy and Industrial Strategy (BEIS), which found that 4 in 10 workers wrongly believe they are not entitled to a minimum wage for the time they spend travelling between assignments. This misconception was more prevalent among older male workers.
Comment
As this issue continues to be reported in the media and press, workers are likely to check their payslips and seek advice in relation to their position. It is vital that employers are aware of the current legal position in relation to travel time and working time to ensure compliance with wage rules.
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For further information or to comment on this article, please contact our Employment Law team on 0800 0241 976 or via our online form.