What counts as "working time" for the purposes of the Working Time Regulations 1998?

 

"Working time" for the purposes of the Working Time Regulations 1998 (SI 1998/1833) is any period when workers are working, at the employer's disposal and carrying out their duties. This includes periods when the worker is undergoing training directly related to their job, travel where it is part of the job, eg for a travelling salesperson, and business lunches.

It does not include routine travel between the worker's home and their fixed place of work, rest and lunch breaks when no work is done, or time spent travelling outside normal working hours. However, in Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another [2015] IRLR 935 ECJ, the European Court of Justice held that where workers do not have a fixed or habitual place of work, the time spent travelling each day between their homes and the premises of the first and last customers designated by the employer does constitute working time.