Travelling to work is working time confirms the European Court of Justice (ECJ)

Travelling to work is working time confirms the European Court of Justice (ECJ)

The recommendation of the Advocate General of the European Court in the case of Federacion de Servicios Privados del sindicator Comisiones Obreras v Tyco has now been endorsed by the European Court.

The case involved a Spanish company who employed technicians to install and maintain security equipment at customers’ premises.  The employees were provided with a vehicle and would travel from their home to customers’ premises to carry out work.  The employees were in contact with their employer by mobile telephone and were not generally required to travel to the office.

The Court confirmed that under the EU’s working time directive the health and safety of workers was protected and as a result of this the travelling time was deemed to be work.

What does this mean for employers in the UK?

The Court’s decision could affect millions of mobile workers such as health workers, engineers and sales people etc. who have no fixed place of work.  

The current National Minimum Wage regulations state that work for the purposes of the NMW does not include travel from any home to any workplace.  It remains to be seen whether the NMW regulations will be challenged or amended in light of the ECJ’s ruling.

If you require any further information please do not hesitate to contact our payroll manager, Emma Lambert on the details below:

Emma Lambert
email: emma.lambert@jsllp.co.uk
telephone: 01942 292557
 

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