The case in question involved the Spanish company, Tyco, who required their employees to travel between client premises installing and maintaining security equipment. Following the closure of their office, these employees became home based.
The dispute then arose as to when exactly their working day started and finished. Previously, the Working Time Regulations stated that travel to and from work is not included in an employee’s working time. The employers agreed and stated that there had been no great change in circumstances following the change to a home base. The employees disagreed.
A referral was made to the CJEU form the Spanish court ruling in the first instance to determine the true meaning of ‘working time’ in respect of the EU Working Time Directive.
The Court of Justice found in favour of the employees and stated that travelling to and from the first and last appointment with no fixed office should be regarded as working time.
Thousands of employers in the UK will need to sit down and draw a breath as it will have an impact on how they determine ther employees contracts of employment.