THE European Court of Justice has been asked whether the time spent by a worker, who has no fixed place of work, travelling from home to the first customer of the day, and back home from the last customer, constitutes ‘working time’.
The court opined that the travelling time in this particular instance met the three criteria for working time:
(1) at the workplace
(2) at the disposal of the employer, and
(3) engaged in their duties, and that it counted as working time.
If this opinion is followed it could impact on working time issues such as average working time and rest periods.
Employers may also be concerned that workers may take advantage of these journeys to carry out personal errands.
For advice on how this affects your work force please contact Kirstie Johnson, employment law solicitor at Lamb Brooks LLP on 01256 305574 or email her at kirstie.johnson@lambbrooks.com.
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