Driver’s working hours – ECJ ruling on journeys to work for workers with no fixed place of work

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The European Court of Justice (ECJ) has made a ruling on “the journeys made by workers without fixed or habitual place of work between their homes and the first and last customer of the day” stating that such journeys constitute working time. The ruling declares that, “where workers [in particular circumstances],do not have a fixed or habitual place of work, the time spent by those workers travelling each day between their homes and the premises of the first and last customers designated by their employer constitutes working time within the meaning of the directive”. Those particular circumstances relate to the details of the case which led to the ruling; in 2011, Spanish security system installer and maintainer, Tyco, made the decision to close all its regional offices, administer all work from its head office in Madrid and have workers start and end their working day from home.

The ruling emphasises that this applies only where the employee has no choice but to travel to their first appointment from home, stating: “The fact that the workers begin and finish the journeys at their homes stems directly from the decision of their employer to abolish the regional offices and not from the desire of the workers themselves.”

LeasePlan UK are working alongside the Freight Transport Association to establish how this will impact clients with employees who drive straight from home to their first appointment of the day.

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