Mobile Workers Travelling Time
Published byMartin Stephen
Is time spent by mobile workers travelling from home to customers’ premises regarded as “working time” for the purpose of the Working Time Directive? YES according to a Judgment in the case of Tyco v CJEU.
Employees of Tyco travelled from home to customers’ premises to install and maintain security equipment. Tyco’s position was that the working day did not start until the employee reached the first customer’s premises and ended when the employee left the last customer’s premises to go home. The Court of Justice of the European Union (CJEU) has decided that the working day for mobile workers starts when the worker leaves home and finishes when he returns home.
Tyco sought to argue that the travelling time of the workers amounted to a rest period rather than working time because they were not carrying out installations or maintenance during these periods. The CJEU disagreed.
WJM’s Employment Team says the implications of this decision are twofold. “Firstly, it has the effect of extending the working day for mobile workers and employers of such workers should check to make sure that this will not breach the Working Time Directive prohibiting a worker from working more than 48 hours per week. In most instances employers should have obtained a waiver from its’ workers but should check the position. Secondly, given that the working day for mobile workers has been extended, employers should check to make sure that they are not in breach of the National Minimum Wage Regulations. The standard adult rate is currently £6.70 per hour.
“Mobile workers who have not been paid travelling time to their first customer and from their last customer can bring claims for unlawful deduction from wages. This will not apply to mobile workers on a fixed wage or salary. Claims in the Employment Tribunal for unlawful deduction is however limited to a period of two years and must be brought within three months of the last unlawful deduction.”
For further advice and guidance in relation to this matter please contact a member of the WJM Employment Team.
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