Employment News Update: Commuting between home and customers constitutes working time

n Federación de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security SL, the ECJ held that journeys made by workers with no normal place of work, between their homes and the first and last customer of the day, constitute working time. In this article, Makbool Javaid, Partner and Head of Employment Law, looks at the facts of this is a landmark ruling which further clarifies the meaning of working time, together with the practical implications for employers who have workers with no fixed place of work and whose duties require them to visit the clients’ premises. Employers will need to take this ruling into account in complying with the maximum working week and rest periods/breaks requirements under the Working Time Regulations 1998. Thought also needs to be given to payment practices, because although, as the ECJ confirmed, this decision relates purely to working time and the employer is free to determine payment for the time spent by mobile workers travelling between home and customers, the large amount of publicity surrounding this case may lead to employees ‘knocking on the door’ and querying how this travelling time is reflected in pay.

This article appeared in the CIPD People Management Online Magazine on 16 September 2015

Link for CIPD Members

Link for non-CIPD members: Federación de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security SL