The ECJ has confirmed that mobile workers with no fixed or habitual place of work should be able to count the time spent travelling to and from their homes to customers’ premises at the start and end of each day as working time (Fedaracion de Servicios Privados del sindicato Comisiones Obrearas v Tyco Integrated Security SL and anor).

The employer decided which customers the workers should visit and the order in which to do so. Although the workers were able to choose the route they took to and from home, as the employer was able to change the order of customers or cancel appointments at any time, they were found to be at their employer’s disposal during this time.

In response to concerns raised about the risk of abuse such as workers conducting personal business at the beginning and end of the day the ECJ suggested employers put in place monitoring procedures to avoid any potential problems.