By Kishan Bhatt Davenport Solicitors

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Norma Day
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1 Travel Time To Work = Working Time By Kishan Bhatt Davenport Solicitors

2 Key Issues ECJ Ruling What this means for Employers? How We Can Help These materials have been prepared for the purposes of a presentation only. They should not be regarded as a substitute for taking legal advice.

3 Employers Worst Nightmare?

4 When Employees Know

5 In A Nutshell. The Luxembourg court ruled last week that for workers with no fixed office mobile workers, such as: (a) care workers; (b) door-to-door salesmen; (c) plumbers; (d) engineers etc time spent travelling to work should be counted as working time under the European Union s Working Time Directive (WTD) rules.

mobile workers, such as: (a) care workers; (b) door-to-door salesmen; (c)

6 BUT The ruling does not impact on those with long commutes to fixed work places So those of you travelling from your home to a fixed place of work as per your contract of employment Your travel time to work does not count as working time SO you can t get paid for it BUT important to cover in EMPLOYMENT CONTRACT and STAFF HANDBOOK!!

contract of employment Your travel time to work does not count as working time SO

7 Working Time Directive Article 2 of the Working Time Directive defines "working time" as any period during which the worker is: Working/At the employer's disposal; and/ Carrying out their activity or duties in accordance with national laws and/or practice. Article 2 defines "rest period" as meaning any period which is not working time. The Directive was implemented in Great Britain by means of the Working Time Regulations Neither the Directive nor the WTR state whether travel to and from a place of work or between places of work should be considered working time. Non-statutory guidance on GOV.UK states that "time spent travelling for workers who have to travel as part of their job, e.g. travelling sales reps or 24-hour plumbers" is included in working time, but that "normal travel to and from work" and "travelling outside of normal working hours" are not.

The Directive was implemented in Great Britain by means of the Working Time Regulations 1998.

8 Working Time Directive The WTD is designed to protect workers' health and safety; outlining how long employees can work and how much time off they are entitled to. The case was brought to the ECJ by Comisiones Obrerars, Spain's largest trade union, against Tyco, a Spanish security company. The action was prompted by the closure of Tyco's regional office in 2011 meaning staff had to travel for up to three hours every morning to install the company's products. The ruling states, "if a worker who no longer has a fixed place of work is carrying out his duties during his journey to or from a customer, that worker must also be regarded as working during that journey."

The action was prompted by the closure of Tyco's regional office in 2011 meaning staff had to travel for up to three hours every morning to install the company's

9 Greater Union Rights

10 Current Position This ruling will affect the UK England and Wales as long as we remain EU members The judgment is expected to have a major impact on employers across Europe. There has been speculation that the ruling could force companies to put wages up to avoid breaking minimum wage legislation. You are likely to pay those types of workers more and count travel as working time during their employment

There has been speculation that the ruling could force companies to put wages up to avoid breaking

11 Can I Ignore It? NO!!! Likely to be sued in the Employment Tribunal and be liable to pay compensation. You will be in breach of the law and the Tribunal could make a recommendation that could impact your business

12 Easy Practical Solutions Ensure Position is Covered in Employment Contract/Handbook Ensure HR Directors are trained on the topic and Staff are aware of their rights Ensure that a workers pay reflects the travel time he/she meets during her work. Managing Staff

the topic and Staff are aware of their rights Ensure that a

13 What will it cost me? Ruling does not cover pay but Unions say that pay will be affected Average hourly rate under the minimum wage will be under scrutiny if it does not reflect costs for travel time Could lead to change in working patterns Employers will face higher wage bills but this issue could be solved by restructuring a workforce legally or using independent contractors

the minimum wage will be under scrutiny if it does not reflect costs for travel time Could

14 Practical Steps Changes to your Staff Handbook Policies and Procedures Including having a new policy on Working Time Having Right HR Systems to Monitor Travel to and from different places of work Training for Managers and Guide Books Restructure and Rethink

Right HR Systems to Monitor Travel to and from different places

15 Contact Us To Help You We offer Fixed Fees for Advice, Staff Handbooks and Review of Your Policies and Contracts Call me anytime to discuss:

com We offer Fixed Fees for Advice, Staff

LEGAL UPDATES AND FACTSHEETS

LEGAL UPDATES AND FACTSHEETS TRANSFER OF UNDERTAKINGS (TUPE) PREFACE: TUPE 1981: This factsheet looks at the law surrounding the transfer of undertakings, established by The Transfer of Undertakings (Protection