The Advocate General has given an opinion on whether workers with no fixed workplace should be entitled to count the time spent travelling from home to the first customer and from the last customer back to their homes as ‘working time’. The Advocate General’s view is that it should as travelling is an integral part of the work and is a necessary means of providing services to the customers.
To be clear, this is an opinion and not a decision and therefore, we will have to wait until later in the year for a judgement. However, it should be borne in mind that the Advocate General’s opinion is often followed and therefore, business should be prepared. For clarity, if this opinion is followed then it is likely to affect employers of such peripatetic staff who are paid the national minimum wage or close to it.
We will update you when the decision is announced.