The ECJ Advocate-General has given the opinion in Federacion de Servicios Privados v Tyco Integrated Security that, for peripatetic employees with no fixed or habitual workplace, time spent travelling from home to the first customer and from the last customer of the day back home does count as ‘working time’. In his view, it was for employers to put in place any necessary monitoring and disciplinary procedures to address the risk of employees performing personal tasks on the way from or to home.

UK employers with a peripatetic workforce should look out for the ECJ’s ruling on this case; if the Court agrees with the Advocate General they may need to change their approach with regard to working time rights such as rest breaks, maximum working week and so on. (Note that time spent travelling from and to home does not count as working time under the National Minimum Wage Regulations.)

The ECJ Advocate-General has given the opinion in Federacion de Servicios Privados v Tyco Integrated Security that, for peripatetic employees with no fixed or habitual workplace, time spent travelling from home to the first customer and from the last customer of the day back home does count as ‘working time’. In his view, it was for employers to put in place any necessary monitoring and disciplinary procedures to address the risk of employees performing personal tasks on the way from or to home.

UK employers with a peripatetic workforce should look out for the ECJ’s ruling on this case; if the Court agrees with the Advocate General they may need to change their approach with regard to working time rights such as rest breaks, maximum working week and so on. (Note that time spent travelling from and to home does not count as working time under the National Minimum Wage Regulations.)