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Travel is part of working life for many employees, but when does it actually count as working time? And more importantly, should it be paid?
Under the Working Time Regulations 1998 (WTR), working time is any period when an employee is:
Whether travel counts depends on the situation:
This distinction matters because it affects both pay entitlements and compliance with working hours limits and rest breaks.
Want to learn more about the Working Time Regulations? Check out this helpful guide.
Employees who don’t have a fixed workplace — for example, care workers, sales reps, engineers, or surveyors — are treated differently.
In the landmark Tyco case (2015), the European Court of Justice ruled that time spent travelling from home to the first client and from the last client back home counts as working time for mobile workers.
This means employers must ensure:
However, being classed as “working time” does not automatically mean travel must be paid time — unless contracts or policies state so.
Travel between sites, meetings, or customers is generally considered working time.
When employees are required to attend training, conferences, or off-site secondments, the associated travel is usually considered working time.
For most employees with a fixed base, commuting from home to the workplace is not working time. Employers are not legally required to pay for this time.
However, there are grey areas:
While there is no strict definition, employers are expected to act reasonably when changing work locations. Case law and Acas guidance suggest factors such as journey length, cost, and impact on the employee’s personal life will be considered if disputes arise.
It’s vital to understand the difference between:
An employer may recognise travel as working time but not pay for it separately, unless the employment contract, collective agreement, or workplace policy requires payment.
Failure to address this clearly in contracts can cause confusion and disputes.
Employers should maintain accurate records to demonstrate compliance with working time rules. Systems may include:
To reduce disputes, contracts should:
Long travel times can lead to fatigue, stress, and safety risks. Employers should:
It depends on the situation. Your regular commute from home to a fixed workplace is not usually paid. However, if you travel as part of your job, for example, between sites, to client meetings, or if you’re a mobile worker without a fixed location, that time may count as working time and should be paid if your contract states so or if it’s part of your normal duties.
No. Travelling from home to your usual place of work (and back) is classed as commuting and is not considered working time. The exception is for mobile workers, whose first and last journeys of the day may count as working hours if they don’t have a fixed workplace.
There’s no specific distance set in law. What’s “reasonable” depends on several factors, including how long the journey takes, how much it costs, the type of work you do, and what was agreed in your employment contract. Tribunals will often look at industry norms and personal circumstances when deciding if travel requirements are reasonable.
Yes. If your role involves travelling between clients, sites, or workplaces during the day, that time is considered part of your working hours. It should be included when calculating total working time and, in many cases, paid in line with your normal rate.
Usually, yes. If apprentices are required to travel between training locations, employers’ sites, or college and workplace, that travel generally counts as working time. It should therefore be included when calculating their pay and total working hours.
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