The recent ruling by the Advocate General of the Court of Justice of the European Union on a case involving Spanish technicians could have far-reaching consequences. The Advocate General ruled that peripatetic workers – those who have no fixed work location -  are technically on ‘working time’ from the moment they set off for their first job of the day to the time they get home from their last. The prevalence of mobile or remote workers is on the rise, meaning this ruling could impact a number of employers.

If enforced, this ruling could impact upon employers’ obligations under the Working Time Regulations (WTR), including rules on the maximum number of hours employees can work per week, daily and weekly rest periods, night work and restrictions on young workers. It could also factor into pay negotiations with employees who may feel they should be better rewarded for their additional work hours.

A full court judgement is expected later this year, by which time it may be clearer as to whether, and how much, the UK will be affected.

The ruling does show one thing: the definition of ‘working time’ is ever changing and employers should be aware that if they wield sizeable control over their employees’ time, that time is increasingly likely to be defined as ‘work’.

You can find information on legal, HR, and workforce issues on the Buckinghamshire Business First online support tool.