In what circumstances is travelling time included in the working time calculation?

Working time is defined in the Working Time Regulations 1998 (SI 1998/1833) as:

  • any period during which the worker is working, at their employer's disposal and carrying out their activity or duties;
  • any period during which they are receiving relevant training; and
  • any additional period designated as working time under a relevant agreement.

Working time includes travelling where it is an integral part of the job, for example in the case of a travelling sales executive or a mobile repair person. This includes travel during normal working hours and travel between sites or clients since the travelling is an essential part of the work.

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 by those workers travelling each day between their homes and the premises of the first and last customers designated by the employer constitutes working time under the Working Time Directive (2003/88/EC).