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ARTICLE · 07 OCTOBER 2015

It Pays To Travel - Recent Decision Under Working Time Directive

Mason Hayes & Curran LLP
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The decision could mean that certain employers may be exposed to increased employment costs or an increased risk of claims for alleged breaches of employment legislation.

IrelandEmployment and HR
Ger Connolly
Ger Connolly
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A recent decision1 of the Court of Justice of the European Union (the"CJEU") has found that journeys made by workers without a fixed place of work between their homes and the first and last customer of the day count as working time for the purposes of the EU Working Time Directive2 (the "Directive").

The decision could mean that certain employers may be exposed to increased employment costs or an increased risk of claims for alleged breaches of employment legislation.

Facts

This case concerned the employees of a Spanish security company called Tyco. The employees were originally based in regional offices throughout Spain and were required to install and monitor security equipment in homes and commercial premises. In 2011, Tyco closed all of their regional offices and the employees began to operate from home. The employees had to travel varying distances from their homes, with some employees travelling up to 100 kilometres or a 3 hour drive.

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