AdviceEmployment Law

The Clock Starts When Your People Set Off For Work

By March 28, 2017 No Comments

How does starting the clock on your employees’ day sooner impact your bottom line?

Back in 2015, a landmark case in the European court is beginning to impact UK employers. And for many workers, it means they are entitled to start the clock when they get in the car.

The EU case, involved Tyco, a Spanish security systems company. It shut down its regional offices in 2011, so employees had to travel from home to work appointments.

The ruling said: ‘The fact that the workers begin and finish the journeys at their homes stems directly from the decision of their employer to abolish the regional offices and not from the desire of the workers themselves.

‘Requiring them to bear the burden of their employer’s choice would be contrary to the objective of protecting the safety and health of workers pursued by the directive, which includes the necessity of guaranteeing workers a minimum rest period.’

So, it can impact the working time directive, but in the UK, it also has minimum wage implications.

Care Worker Claims She Often Worked 12 Hour Days For 7 Hours Pay

Settled out of court, the Employment Tribunal case of former MiHomecare worker Caroline Barlow, 56, from Devon highlights the further challenge of minimum wage issues.

Employees, such as care workers, electricians, gas fitters, sales reps and so on, may now be entitled to pay covering their travel time.

Settled out of court, the landmark Employment Tribunal case could pave the way for as many as 500,000 care workers to take action.

Leigh Day, the law firm which represented Ms Barlow, argued that lack of payment for travel time constituted an unlawful deduction of wages.

They believed there are potentially thousands more care workers who are being paid less than the National Minimum Wage.

But it is not just care workers. Employers should ensure they are the right side of both minimum wage and working time directives.

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