Is travelling for work, working time?

Whether travel time counts as working time is a question that regularly arises for both employers and employees, the issue can have significant implications for pay, rest breaks, and compliance with working time limits.

The legal position becomes a little complicated when travel is an integral part of the role or when an employee does not have a fixed workplace. The position is not always straightforward, find out more here about these nuances.

Is travel time between home and a temporary workplace, outside of normal working hours, working time?

The European Working Time Directive and the Working Time Regulations 1998 do not set out whether travel to and from work counts as working time. If there is no agreement with your employer about this, the key question is whether the travel meets all three parts of the definition of 'working time':

● (a) they must be working,

● (b) they must be at their employer’s disposal, and

● (c) they must be carrying out their duties or activities.

Guidance suggests that if travel is a necessary part of your job, such as for sales representatives, it will usually count as working time.

However, travel outside normal working hours is not normally included.

Commuting to and from your usual workplace is not generally working time, even if you use the journey to make calls or read documents, because you are not at your employer's disposal until you arrive.

Example Case: Tyco at the The European Court of Justice

The European Court of Justice looked at this issue in the Tyco case; here, workers travelled from home to different customer sites each day.

The court decided that for workers without a fixed workplace, travel from home to the first job and from the last job back home counts as working time.

This is because the employer controls the schedule and can change appointments or add extra visits during the journey.

The ECJ’s decision in Tyco was cited in the case of Thorbjorn Selstad Thue v The Norwegian Government, which came before the Court of Justice of the European Free Trade Association (the EFTA Court).

This case addressed whether time spent travelling between home and a temporary workplace for a single assignment is working time.

Case Facts

Mr Thue, a chief inspector of police, was based at a particular police station in Norway. He worked in various locations when on assignments escorting government ministers visiting the district.

He claimed in the Norwegian courts that travelling to and from those temporary workplaces for these specific assignments was working time.

When his claim was rejected, both initially and on appeal, he appealed to the Supreme Court of Norway, which referred the issue to the EFTA Court.

Case Held

Although Mr Thue had a permanent base, the EFTA Court decided that his travel time to temporary assignments should still count as working time.

The court said that limiting protection only to workers with no fixed base or a completely fixed workplace would leave others unprotected.

While EFTA Court decisions are not binding in EU countries, they are often taken into account.

Consult Orwins for Employment Law Services

If you are unsure whether travel time should be paid in your situation, contact our Employment Solicitors for advice today.