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102paul  
#1 Posted : 10 November 2016 08:58:39(UTC)
Rank: Forum user
102paul

If a building team has to travel a distance of 100 miles to get to that days work, does working time start from when the van key ignition is turned to begin travelling and end when the vehicle is parked up back at home, or from the time the job starts and finishes on site?

Invictus  
#2 Posted : 10 November 2016 09:05:39(UTC)
Rank: Super forum user
Invictus

Working Time Directive - Mobile workers - September 2015

The European Court of Justice, in a recent case gave the judgement that mobile workers who have no fixed place of work, and spend time travelling from home to the first and last customer should have this time considered as working time. The Court added that because the workers are at the employer's disposal for the time of the journeys, they act under their employer's instructions and cannot use that time freely to pursue their own interest.

Acas is assessing the impact of this judgement on workers and employers in Great Britain and will provide more detailed guidance when it is available.

Employers and employees should be aware that this may have an impact on breaks if the working day is extended as a result of travelling time. It is also worth checking employment contracts to see what they say about travelling time.

From the ACAS website.

O'Donnell54548  
#3 Posted : 11 November 2016 08:46:05(UTC)
Rank: Super forum user
O'Donnell54548

I had this conversation with my last employer, as I worked from home. My point was that I was covered by their employees liability insurance the moment I left home on their behalf, and was paid mileage (in line with HMRC guides). Therefore if the tax man and their insurance considered me to be at work, then so did I.

RayRapp  
#4 Posted : 11 November 2016 08:59:42(UTC)
Rank: Super forum user
RayRapp

Some employers have a driving policy where they state that 'door to door' is part of the working day with a maximum of 12 hours. Aside from this, an employer does have a duty of care towards his employees and I would argue significant travelling time is part of that duty.
bob youel  
#5 Posted : 11 November 2016 09:05:27(UTC)
Rank: Super forum user
bob youel

This is an old chestnut [especially with regards to H&S areas] and the principal has been in place a long time irrespective of any new court decisions so employers need to manage the area. This is also another reason that employers are calling their people self employed and/or are using more and more agencies

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