EU court rules travelling time is part of work for those without fixed workplace, leaving UK employers upset

A recent ruling by European Court of Justice in Luxemburg that commuting time is part of work has angered many business groups across Europe, especially in the U.K, which have labelled it as yet another example of how European Union’s institutions are trying to dominate the interests of Britain.

The ruling by ECJ stipulated that workers without any fixed office should be allowed to count travel as part of their working time, as defined under the European Union’s Working Time Directive.

The ruling has the potential to impact many sectors with large numbers of travelling workers such as healthcare workers, installation engineers, and salespeople, The Telegraph reported. The employers fear that will be forced into a wage revision to adjust the extended working hours and add a new cost burden on them.

Industry upset

The British business and industry expressed shock at the ruling. Adam Marshall, Executive Director at the British Chambers of Commerce, said: “Once again, a faraway court is taking decisions that could impact business prospects, job creation and economic growth in the U.K. Companies of all sizes will be dismayed that Luxembourg is once again intervening in a way that stops EU member states from running their own labour markets.”

Under WTD, a working week will have an average 48 hours. Many British employees do to want to be part of it and are keen to opt out of the time cap.

Allie Renison, head of EU and trade policy at the Institute of Directors, said: “This ruling will surprise and concern many UK businesses, and public sector employers, who had been following the law to the letter.”

New red tape

The ECJ, in recent times, had given many rulings on matters like holiday pay, carry-over of leave between years, and rest periods from work.

“It is a worrying development that the main source of new European labour seems to be the EU court. The new European Commission has decided to reduce the volume of new regulation it creates, but the ECJ has become a red-tape machine, tormenting firms across Europe,” Renison said

But the silver lining for the British industry is that Prime Minister David Cameron is talking about the option of U.K. workers to opt out of WTD legislation, which, he said, will be one of the priorities in negotiating with the EU.

In his comments, Neil Carberry, the Confederation of British Industry's director for employment and skills, said safeguards are required for employers from additional costs and surprise court rulings from the PM’s re-negotiation agenda.

However, Dave Prentis, General secretary of UNISON, the U.K’s largest healthcare trade union, said: “Tens of thousands of home care workers are not getting the minimum wage because employers fail to pay them for the time they spend travelling between the homes of all the people they care for. Now, thanks to this case, they should also be paid when they are travelling to their first visit, and again back home from their last.”

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