Following the 2014 decision of the Employment Appeal Tribunal in Whittlestone v BJP Home Support Ltd, a recent opinion of the Advocate General in the Court of Justice of the European Union (CJEU) looks set to affirm the position that employees with no fixed based (known as “peripatetic workers”) should be paid for the time it takes to travel between clients (travel time).
The CJEU case, Federacion de Servicios Privados del sindicato Comisiones Obreras v Tyco involves a group of Spanish technicians employed to install and maintain security equipment within assigned geographical areas. In 2011, their employers decided to close facilities so these workers would no longer be based at regional plants but had to travel directly from home to the job. The employees trade union representatives argued that the travel time to and from home should be paid.
Advocate General Bot giving his opinion, which is more often than not followed by the Court when making its decisions, confirmed that Peripatetic workers, with no fixed or habitual place of work, can include the time they spend travelling between their home and their places of work, as working time.
If you are currently working a job in which you are required to travel between assignments yet do not get paid for that time you may be entitled to back-pay and a declaration that you will be paid for this time in the future. We can assist you with lodging a claim and calculating your entitlement.
We are currently pursuing a number of claims on this issue.
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