Travel Time Between Home and a Temporary Workplace Can Count Towards 'Working Time'

Under the laws of the European Union (which in this case the EFTA Court was applying), 'working time' means any period during which the worker is working, at the employer's disposal and carrying out his activity or duties, in accordance with national laws and/or practice. This has been incorporated in the law in the UK under the Working Time Regulations (WTR).

Neither the European Law nor the WTR state whether travel to and from a place of work or between places of work should be considered 'working time'.

The Case

The case involved a Norwegian policeman, Mr Thue, who had a usual place of work (his local police station). Due to special skills Mr Thue had he was, on occasion, asked to travel to other parts of the country to carry out his duties. Whilst his employer treated the time he spent travelling from his home to those assignments as 'travel time', it did not classify them as 'working time'. This meant that Mr Thue did not receive an overtime supplement to which he would otherwise have been entitled.

The Supreme Court of Norway referred the case to the EFTA Court to determine whether time spent travelling outside of normal working hours, by a worker to and/or from a location other than his fixed or habitual place of work in order to carry out his duties as requested by his employer was 'working time'.

The Decision

The EFTA Court held that such time does constitute 'working time'.

In Mr Thue's case the Court found that:

• any journeys taken by Mr Thue to perform tasks specified by his employer to other places of work were required and essential for him to carry out his work;
• Mr Thue was at his employers disposal during the necessary travel time, as he was unable to use his time freely and pursue his own interests; and
• if a worker must undertake certain assignments away from his normal workplace, travelling to and from assignment locations must be considered an intrinsic aspect of his work.

Best Practice

Whilst this decision concerns a policeman in Norway, it does have implications for the UK and the rest of the European Union.

The judgment is not concerned with questions of pay - the WTR is technically a health and safety measure which ensures appropriate daily, weekly and annual rest periods. However, it may well have a knock on effect.

Whilst the impact of the decision is likely to be limited for salaried staff, it may be that hourly paid staff who are asked to work away from their usual workplace will be able to claim for lost salary if they are not compensated for time spent travelling to their temporary assignment.

A review of the arrangements under which such staff work would determine whether any such liability, may exist.   

For specialist advice on what constitutes working time, contact Michael Halsey in our Employment Law team on 020 7665 0842, or complete the below form.

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