The Advocate General in Federación de Servicios Privados del sindicato Comisiones Obreras.v Tyco Integrated Security SL, Tyco Integrated Fire & Security Corporation Servicios SA has suggested that the time that workers (who do not have a fixed place of work) spend travelling from home to their first customer,and from their last customer back home, counts as part of “working time” for the purposes of the Working Time Directive.
The Working Time Directive stipulates how many hours workers should not exceed on a weekly basis (unless they opt out)
In the above case, the Advocate General saw no distinction between jobs which was agreed to be working time, and to and from the first and last jobs, which was not agreed.
The recommendation of the Advocate General is not binding, but is usually followed by the European Court of Justice.
If you require the help or advice regarding employment law, please contact one of our experts who will be happy to assist:
Nicholas Clough: nclough@bromleys.co.uk
Rachael Frankland: rfrankland@bromleys.co.uk
Or telephone: 0161 33 06821