I was not aware this case was working its way through the courts. This appears to apply to any employees where there is 'no fixed or habitual place of work'. Time spent travelling to or from work will now count as working time. The case was referred to the ECJ from a court in Spain so I guess the UK will have to wait to see how the ETs interpret this decision?
The union Unison has welcomed a European Court of Justice decision which means travelling to appointments from home should form part of a person's working day.
The ruling will affect mobile workers such as care staff, gas fitters or sales reps.
http://www.bbc.co.uk/news/uk-34214643
Is this an issue for your business? if so please do share if this is something you are currently grappling with!
Replies
This issue is something my husband's work is currently looking into; it will be interesting to see what strategies they will come up with - one suggestion is that they might create a place of work (a starting point; depot or office address) all employees will have to travel to this point and then start there day from there.
I work in the construction industry: This will not directly effect any employees at my workplace, as due to the nature and variety of sites they are expected to travel to, we already include travel time in there normal working day/week.
However, you know the cost of subcontractors and agency workers will increase to incorporate the travelling time - this is something my company will have to factor into current and new tenders.
Thanks for sharing Lindzy it is interesting to have a perspective from the construction industry and I think you are right about the potential for increased costs!
Regards
Sarah
I am interested in how this affects, if at all, those who are not actual employees but are consultants we pay for specific project work. They invoice us currently for the time they on our premises and mileage costs. Does this mean we will also have to pay them for their travel time?
Good point Debbie if you are truly self-employed then effectively you don't have any employment rights so I'm not sure if this would apply? But if they were a worker then that could be a different story.
Does anyone else have a view on this?
Regards
Sarah
Sally I totally agree and it got me thinking as many providers e.g. mobile care workers probably only receive the NMW then if travelling time = working time does this potentially mean they will receive additonal pay, as they can't fall below the NMW?
Are there any indiviudals out there where this may affect the companies they work for I wonder? Would be great to hear from you!
Sarah