Minimum Wage

National Minimum Wage rises took effect from yesterday https://www.gov.uk/national-minimum-wage-rates. Whilst well publicised and understood in principal by many, a recent European Court of Justice ruling in relation to travelling time being included in calculating the staff hourly rates could mean that you are breaching the legal national minimum wage requirement without knowing.

Within the Judgment, the European Court of Justice declared that, “where workers, such as those in the situation at issue, do not have a fixed or habitual place of work, the time spent by those travelling each day between their homes and the premises of the first and last customers designated by their employer constitutes working time within the meaning of the directive.”

Therefore, ensuring that you calculate your hourly rates accordingly, to include such travelling time in the calculations, means that you will not fall foul of the minimum wage requirements.

The Judgment also has implications on the European Working Time Directive in that staff cannot be forced to work more than 48 hours a week, on average, and have a right to a 20-minute break after six hours of work

The court’s ruling means that the initial and last journey is now classed as work and counts towards these limits

At CH Legal, our employment team can provide assistance to keep you up to date with your legal requirements. Contact caroline.tomlinson@ch-legal.co.uk to discuss any of your requirements.