Federación de Servicios Privados del sindicato Comisiones obreras (CC.OO.) v Tyco Integrated Security SL, and Tyco Integrated Fire & Security Corporation Servicios SA
The European Court of Justice has ruled that where there is not “a fixed or habitual place of work”, time spent travelling to and from work (their first and last customer) will now count as working time. For employees with a fixed place of work, this modification has no effect
Section 1(4)(h) of the Employment Rights Act 1996 requires a Statement of Particulars to specify “either the place of work or, where the employee is required or permitted to work at various places, an indication of that and of the address of the employer”. (This would include employees who are home based). For workers with no fixed workplace, this can simply specify something along the lines of ‘any advised address within X miles of the address of the employer’, or similar.
The impact of the ruling is not 100% clear, firstly, because it is the Advocate General’s opinion – it is used as guidance for the ECJ. It is often followed but it is not binding. It will be likely some months before this decision.
Further considerations as a result of ruling