Employers face challenges in determining when travel time qualifies as working hours, impacting both pay and compliance with employment laws. Here is an update based on the recent case law and interpretations.
When a worker travels for work-related reasons during the usual working hours, that time is considered part of their working time, except in these cases:
- travel between the worker’s home and their regular workplace
- travel between the worker’s home and a specific work assignment; this includes travel time for assignments at different locations that the worker must travel to, provided these locations are not owned or occupied by the employer.
In a recent case Taylor’s Services Ltd v HMRC, workers on zero-hours contracts travelled using employer-provided transport to various poultry farms. HMRC claimed this travel time should count as working hours, leading to a dispute. The employment appeal tribunal ruled against HMRC’s interpretation.
The tribunal clarified that time spent traveling does not qualify as “work” unless the worker is engaged in duties or performing tasks during the travel that benefit the employer.
Despite the decision, a potential injustice was noted where required travel, such as using company transport, does not automatically constitute working hours unless work-related tasks are performed during the travel. Simply being in company-provided transport, even if required by the employer, does not constitute working hours.
A prudent employer will ensure that the working arrangements, employment policies, or employment contracts clearly define when travel time constitutes paid work time.
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