The Advocate General has suggested the time that workers (who are not assigned to a fixed or habitual place of work) spend travelling from home to their first customer, and from the last customer back to their homes, counts as ‘working time’ for the purposes of the Working Time Directive.
It has been expressed that ‘working time’ should be considered against three things:-
1) At the workplace;
2) At the disposal of the employer; and
3) Engaged in work duties.
In this case, point one and three were satisfied by the worker because it was deemed travel was an integral part of the workers job.
Point two was fulfilled because routes and destinations were determined by the employer and the employer could at any point modify the instruction.
This is a reminder to Companies to ensure they have sufficient mechanisms in place to monitor the hours of work its workforce undertake.
In my experience many companies do not consider working time in enough detail until they are faced with a tribunal claim which is then too late.
For further information or if you have any issues you would like to discuss, speak to Laura at Cinch Legal on: 01925 594495 or email: LauraP@thecinchgroup.com.