When Does Commuting Time Count as Work?

Employees often do not understand their rights when it comes to driving to work, and the obligations of staff can vary wildly depending on individual circumstances.
Typically, working hours begin once people enter their place of work and end when they leave, but the laws around this are not the same for everyone. For employees in a fixed office, their commuting time is typically made up of two journeys, but professionals such as tradesmen and healthcare workers often make several trips a day to reach multiple places of work.

The topic was put under the spotlight after a ruling from the European Court of Justice (ECJ) in 2015. The ruling determined that any time spent travelling to and from the first and last appointments by employees without a fixed office should be categorised as working time. 

The court case was focused on Tyco Security SL, a Spanish company that closed its regional offices and asked employees to work from home. Workers at the company received daily schedules that could send them on several sales trips a day, but the travel time reaching their first and last clients was not perceived to be working time.

The final decision was focused on protecting the health and safety of employees in the European Union’s Working Time Directive, which is designed to protect staff from exploitation and cover areas such as length of time in work and holiday time. The rule is implemented in the UK through the Working Time Regulations and it makes sure that no employee works more than 48 hours a week on average.
The court ruling explained: “The fact that the workers begin and finish the journeys at their homes stems directly from the decision of their employer to abolish the regional offices and not from the desire of the workers themselves.”
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Even though the ruling happened two years ago, there is still some confusion regarding who is impacted by it and the wider ramifications it may have for employees and business owners. 

It is important to realise that the ruling is focused on health and safety and is designed to stop exploitation. It is not designed to address pay and instead aims to guarantee no EU workers are forced to work more than 48 hours a week.
The ruling will only be relevant for some workers, so here is a guide looking at who is likely to be affected:

Staff without a fixed office
These are the individuals who are most likely to be affected by the law change, as the ECJ ruling means the length of time it takes them to complete journeys may be considered as working time.

Therefore, companies that employ professionals such as healthcare workers, gas fitters and other specialists that carry out their work in other people’s homes and different business properties now may be entitled to pay for the time spent travelling between their first and last appointments.

Staff with a fixed office
For staff with a fixed office, the ruling will make no difference to their pay. The court case was focused only on staff who did not have a fixed office so managers and staff unfortunately won’t be able to earn money during their office commute.

Although the ruling means that companies will need to address the working hours of mobile workers, it does not necessarily mean such employees will be automatically entitled to more money.

Instead, staff without a fixed office may need to look at their contracts and potentially consult an employment law expert for advice on how to tackle the situation. It is possible that claims could be made for a breach of contract, though this will depend entirely on the terms of a worker’s employment agreement.

As the ruling was focused on health and safety rather than pay, it has no effect on the National Minimum Wage. This is a completely separate law and determines that travel time is currently not included in people’s pay.

If you feel your business may need to change employment contracts to include travel time as working hours, consider consulting an employment law specialist, who will be able to help you understand the rules and guide you through any necessary processes.

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