Could you clarify whether workers who have a fixed place of work but must travel distances away from their place of work during the course of their employment can count this travelling time as working time?

In ISS Ireland Limited v Gfencheva, the Labour Court held that where a worker’s travelling time is wholly, exclusively and necessarily undertaken in the performance of a contractual obligation of their employment, and where the commencement and finishing points are, together with the time allocated for travelling, determined by the employer, the travelling time must be regarded as “working time”.

If a company has an employee who is not a peripatetic worker but who travels regularly for work, then the terms and conditions of the worker’s employment should specifically address the question of working time and any payment in respect of such working time.

However, travel to and from work does