In the United Kingdom, the legal status of travel time for peripatetic workers those who do not have a fixed workplace and travel between various client locations or work sites has long been a subject of debate. As employment patterns evolve and more roles require mobility, understanding when and how travel time should be considered part of working hours becomes crucial. This issue directly impacts wages, working time regulations, and employee rights. Employers, human resource professionals, and workers alike must navigate complex rules to ensure compliance with UK labor laws and maintain fair treatment in the workplace.
Definition of Peripatetic Workers
Understanding the Role
Peripatetic workers are employees whose jobs require them to move between locations rather than report to a central, fixed place of work. These roles are common in sectors such as:
- Healthcare (e.g., community nurses, home carers)
- Maintenance and engineering services
- Sales and account management
- Education (e.g., peripatetic music or language teachers)
The key feature of these jobs is mobility. Their daily activities often start from home, moving from one client or job site to another throughout the day. This has led to critical questions about whether their travel time constitutes part of their working hours under UK employment law.
Legal Framework Governing Travel Time
The Working Time Regulations 1998
In the UK, working hours are regulated by the Working Time Regulations 1998. According to these regulations, ‘working time’ includes:
- Time spent working at the employer’s disposal
- Periods where the employee is carrying out duties or performing activities
However, the interpretation of these provisions, particularly with regard to travel time, has not always been straightforward.
The Tyco Case and Its Impact
A significant turning point in how travel time is treated for peripatetic workers came in the 2015 European Court of Justice case: Federación de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security SL. In this case, the court ruled that for workers without a fixed workplace, travel time between their home and the first and last customer should count as working time.
This ruling has been widely adopted in the UK, especially since it reflects a fairer treatment of mobile workers and recognizes the demands placed on them during travel periods.
When Travel Time Counts as Work
Key Scenarios
According to UK interpretations of the Tyco ruling and local employment practices, the following scenarios usually count travel time as working time for peripatetic workers:
- Traveling from home to the first client or site of the day
- Moving between multiple client locations during the day
- Returning home after the last assignment or visit of the day
In all these cases, the employee is under the direction and control of the employer and is carrying out tasks that are necessary for their job. Hence, the time spent is not simply commuting in the traditional sense but rather part of their daily responsibilities.
When It Does Not Count
In contrast, travel to a regular, fixed place of work does not usually count as working time. For instance, if an employee is based at an office and travels there each day, that travel is considered standard commuting and not included in paid working hours. This distinction becomes especially important for job roles that mix peripatetic and fixed-site duties.
Implications for Employers
Pay Considerations
One of the biggest concerns for employers is whether travel time should be compensated. Although the Tyco ruling affects what is considered working time, it does not automatically entitle employees to be paid for all travel time unless it causes overall pay to fall below minimum wage thresholds.
Under the National Minimum Wage Act 1998, employers must ensure that peripatetic workers receive at least the minimum wage for the total number of hours worked, including travel time. If excluding travel time causes pay to fall below legal limits, employers may be in breach of the law.
Contractual Clarity
It is essential for employers to outline expectations and conditions about travel time in employment contracts and staff handbooks. Contracts should specify:
- Whether travel time is paid
- How travel expenses are reimbursed
- What constitutes working hours for the role
Clarity in employment terms not only protects employers from legal challenges but also builds trust with staff and improves transparency in operations.
Employee Rights and Responsibilities
Entitlements and Breaks
Because travel time can be considered working time, it also contributes to the calculation of maximum weekly hours and rest periods. Under the Working Time Regulations:
- Workers should not work more than 48 hours per week unless they opt out
- They must receive a minimum of 11 hours of rest between working days
- They are entitled to a 20-minute break for every 6 hours worked
Including travel time in these calculations ensures that workers are not overburdened and are afforded necessary rest and recovery periods.
Travel-Related Challenges
Peripatetic workers may also face unique challenges, such as traffic delays, fatigue from long distances, and difficulties maintaining a work-life balance. Employers have a duty of care to manage these risks by offering flexible schedules, using route planning software, or limiting daily driving hours where possible.
Tax and Expense Reimbursements
In addition to wage concerns, travel time for peripatetic workers often includes reimbursement for fuel, public transport, or mileage. Employers should have a clear expense policy outlining what can be claimed and how it is reported. In some cases, employees may be eligible for tax relief for business travel expenses not reimbursed by their employer.
Best Practices for Managing Travel Time
For Employers
- Review employment contracts and ensure they reflect legal obligations
- Implement systems to log travel time accurately
- Train managers on legal distinctions between commuting and working travel
- Monitor working hours to prevent burnout and ensure regulatory compliance
For Employees
- Keep records of time spent traveling for work
- Clarify with HR or management whether your travel is considered working time
- Understand your rights under the Working Time Regulations
- Report any instances where you’re not being paid fairly for working hours
The issue of travel time for peripatetic workers in the UK is far more than a technical detail it directly influences fair pay, employee wellbeing, and legal compliance. As mobile work becomes increasingly common, both employers and employees must understand when travel constitutes working time and how it affects wages and work schedules. With informed policies and transparent communication, organizations can ensure fairness while staying within the boundaries of employment law.