DEFINING WORKING TIME FOLLOWING TYCO

摘要

Tt is nearly two years since the European Court of Justice decided, in the Spanish case Federation de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security SL & Anr[2015] ICR 1159, that time spent travelling to work was 'working time' for mobile, home-based workers. Since then many UK employers have reviewed their work arrangements to ensure they comply with the UK's Working Time Regulations 1998 so that average working time limits are not breached and that daily rest breaks are sufficient. However, the recent case of Thera East v Valentine UKEAT/0325/16/DM has considered whether pay could be awarded for this working time, even if the contract of employment excluded it.