Further to our recent report regarding whether travel time to and from work could amount to working time, the European Court of Justice (ECJ) has handed down its decision on the matter.

As suspected, the ECJ has followed the advice of the Advocate General and found that travelling workers who have no fixed or habitual workplace should be able to count the time spent travelling from home to the first job and from the last job back to their homes as ‘working time’ under European legislation governing working time. For such workers, travelling is an integral part of the work and is required in order to provide the service to customers, meaning that it should be regarded as forming part of the workers’ activities.

This is likely to affect a large number of employers in the UK who, at this time, do not treat such time as working time. A full report will follow.