May 17, 2016

Working Time for Mobile Workers

The European Court of Justice has ruled that employers need to treat employee’s commuting time as work time, which will have an impact on every size company in the UK.

This will affect sectors with large numbers of travelling workers, and require employers to look at the distance employees travel to clients/work sites. Employers cannot afford to ignore this ruling, as ignorance could cost money.

What does this mean for employers?

The decision from the European Court of Justice could impact on:

  • Business prospects
  • Job creation
  • Economic growth in the UK
  • Rising costs within your company
  • Travel time of employees
  • Viability of long distance customers
  • Weekly working time limits
  • Company work patterns for employees

Employers will need to be mindful that work schedules may have to be reorganised to prevent breaching National Minimum Wage legislation.

The UK Government will be negotiating with the European Union to try and ensure employers do not suffer additional costs and burdens.

What may happen if Employers ignore this information?

  • Employers may receive claims for unpaid wages
  • Potential claims could run into thousands of pounds

The European Court of Justice has ruled that mobile workers with no fixed office should be paid for the travel from home to their first and last place of work each day, as this travel time is counted as working time.

The Court of Appeal ruled travel time is time work, except where incidental to the duties and the time work is not assignment work.

Find out more

Moorepay can advise on what steps you need to take to help identify any potential issues within your company.

Contact us, or sign up to our free webinar, where you will be able to hear from one of our employment law experts.

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About the author

Gillian Smith

Gill has over 10 years HR generalist experience within the retail and industrial service sectors.Whilst providing HR support and services at the most senior levels Gill’s experience includes mergers and acquisitions, complex TUPE transfers, organisational development, and strategic change management. Gill has experience in the policy development process from design, consulting with directors and employee representatives through to implementation and delivering training workshops on the new polices. Gill currently is an HR policy consultant who services a variety of clients.