Do mobile workers have to be paid for travel between home and their first and last appointments of the day?

No, there is no requirement for employers to pay mobile workers for the time spent travelling between their home and their first and last appointments of the day, unless payment is required under their contract of employment.

Time spent travelling between work and home is excluded from working hours by reg.34 of the National Minimum Wage Regulations 2015 (SI 2015/621). Therefore, this time does not have to be included when calculating whether or not an employee has been paid the national minimum wage for the hours he or she has worked.

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 an employee has no fixed or usual place of work, travel between his or her home and the first and last customer of the day counts as working time for the purposes of the Working Time Directive (2003/88/EC). This decision is relevant only in relation to working time, eg for the calculation of minimum rest breaks and maximum weekly working hours. This decision does not apply to the calculation of the national minimum wage and does not affect whether or not employees should be paid during travelling time. In the absence of a change to the National Minimum Wage Regulations 2015, and subject to any collective agreement or contractual obligation, it is for employers to decide whether or not they will pay employees for travelling time in these circumstances.