The European Court of Justice Travel Ruling ….a Deep Dive
If you employ staff who do not have a fixed place of work, workers who perhaps travel in work vans to homes and businesses or travelling sales representatives or home care workers, a recent ruling by the European Court of Justice may have a significant impact on the way you run your business.
The ruling means that time spent travelling to and from first and last appointments by workers without a fixed office should be regarded as working time. This means that employers now have a duty to count travelling time as working time, workers should be paid accordingly, and where possible first and last appointments of the day should be co-ordinated so that the worker is as close to their own home as possible.
The ruling by the European Court of Justice was primarily to ensure the health and safety or workers under the European Union’s Working Time Directive. The Working Time Directive is in place to ensure that workers work no more than an average of 48 hours a week.
If you or your business currently employs staff who travel to work appointments, then you need to completely understand the implications of this European Court of Justice ruling for your staff and your business. A specialist HR Advisor in Manchester will have all the information you need and will be able to help you devise an appropriate policy and working process to manage the impact this will have on your business. Ensuring that you get the right HR legal advice can make all the difference, and making sure that your staff adhere to health and safety policies and regulations is good working practice.
Additionally, employers may wish to review their pay scales for their mobile workers; employers are free to determine the level of payment workers receive for the time spent travelling between their home and first appointment. Employees may take the initiative and ask you about this, so taking HR legal advice in anticipation of this could be beneficial.
In terms of the new ruling and any questions regarding compliance with the National Minimum Wage, the national UK minimum wage law applies. In the UK the National Minimum Wage regulations 2015 state that for ‘time work’ and ‘salaried hours’ work, (two of the four types of work under the regulations), the hours spent travelling during normal working hours count towards the National Minimum Wage, but this does not include travel between a worker’s home and a place of work or a place where an assignment is carried out.
For clarification on the National Minimum Wage and the European Court of Justice ruling and how it applies to your business, seek the advice of an expert HR Advisor in Manchester and avoid the potential pitfalls of UK employment law.
For more information about HR Consultancy Services, Career Advice or for HR advice or support, contact Triple Three Solutions today on 0161 300 1214, or visit their website https://www.triplethreesolutions.co.uk/