The European Court of Justice (ECJ) ruled that time spent travelling to and from home by employees who do not have a fixed working base should count towards time worked.

This landmark decision will affect how maximum weekly working hours and rest break entitlements are calculated.  It will only affect peripatetic workers, or those without a habitual workplace.  This ruling will not affect how commuting is treated for any other kind of worker.  Unfortunately for businesses, human resource experts predict this will mean the possibility of increased pay on behalf of employers since they will have to pay employees for their “drive time”.  The UK government has already vehemently expressed its concern over this.

This ECJ ruling directly correlates to Federacion de Servicios Privados v Tyco Integrated Security.  This case’s focus is regarding staff at a Spanish security company, but since the ruling covers the EU’s Working Time Directive, it also affects UK employers.

The TUC is absolutely elated with this ruling since it feels as though this will prevent “unscrupulous employers” from forcing workers into a 60-hour workweek.

General Secretary for the United Kingdom’s largest healthcare trade union said that he approves of this decision.  He welcomes the idea that home care workers will all be getting the true wages they deserve.

As with any other ruling, this decision is not without criticism.  The UK government has already expressed its feelings on the matter and the Institute of Directors has also slammed the ECJ for the ruling.  One member of the Institute released the following statement:

“The notion that the period mobile workers spend travelling between home and their first client in the morning must count as working time goes above and beyond the protections intended by the law.”