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Posted on 16th September 2015

Changes to payments for work travel – Are you affected?

A decision last week indicated that where individuals do not have a fixed place of work and travel to customers or clients, their travel time counts as part of their working day.

This decision potentially impacts sales forces, technicians, domiciliary care workers, project workers and anyone who does not have a permanent work base. This decision comes on the back of a number of complicated changes to holiday pay arrangements and the introduction of new employment rights.

Brachers understands that it is difficult for employers to keep up with developments and therefore offers a fixed cost contract compliance review, giving employers peace of mind.

Review your contract today for just £250*
We will review your existing contract and provide you with an easy to use traffic light compliance report, indicating whether your arrangements meet current requirements and making recommendations for changes.

Please contact Catherine Daw on 01622 655291 or email catherinedaw@brachers.co.uk to have your contract reviewed.

*Plus VAT, subject to terms and conditions

Case study
In the case of Federacion de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another (c-266/14), the European Court looked at whether time spent by workers travelling between their home and their customers’ premises was working time under the Working Time Directive. It decided that this was “working time” for the purposes of the Directive.

This case related to a security system installation and maintenance company whose technicians covered regions, going from customer to customer to carry out their work. The technicians were assigned to the central office in Madrid after the regional offices were closed. Each technician used a company vehicle to travel from their homes to the places where they were to work (sometimes over 100km away) and they drove home at the end of the day.

The time spent travelling to customers at the start and end of the day had not been considered to be working time but as indicated above, the European Court decided that this was not right and this time should be taken into account.

This case means that if a worker does not have a fixed place of work and travels to different locations to carry out their work, that worker is likely to be regarded as working on those journeys. The fact that those journeys might start and finish at the worker’s home is irrelevant and in this case, travel time was deemed to be working time as a result of their employer’s choice to close their regional offices.

Published by

Catherine Daw

Partner

T: 01622 655291

Email Catherine

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