Travel Time is Working Time
A recent settlement between a care worker and MiHomecare could pave the way for thousands more workers to make a claim for their unpaid wages. The worker claimed that her travel time between clients should be taken in to account when calculating her working hours and entitlement to the national minimum wage.
The European Court of Justice (ECJ) ruled in 2015 in Federacion de Servicios Privados v Tyco Integrated Security that time spent travelling to and from home by employees without a fixed working base should count towards time worked.
The ruling only affects workers without a habitual workplace. The decision does not alter how commuting is treated for those with a fixed workplace.
HM Revenue and Customs is responsible for enforcing the minimum wage and they are currently investigating more than 100 care providers. Care providers and all employers who employ workers which travel during their work day should be checking their conditions and policies to ensure they are compliant with the national minimum wage and working time regulations.
A further point to note is that from April employees over 25 will be entitled to the new National Living Wage of £7.20 per hour.
If you are an employer or an affected employee, then please call our Shrewsbury office on 01743 248148 for an initial discussion with our Edmund Coxhead or Ryan Bickham.