Travel time means the time an employee spends travelling for work purposes. Under UK law, it matters because it can affect working hours limits, rest breaks, and whether pay meets the National Minimum Wage (NMW).
What does Travel Time mean in HR?
Working Time Regulations 1998 (WTR): Travel time may count as “working time,” affecting the 48-hour weekly limit and rest breaks.
National Minimum Wage (NMW): Some travel must count towards hourly pay calculations to ensure compliance.
Tyco Case (2015): Mobile workers with no fixed workplace must treat travel from home to first client and last client to home as working time under WTR.
Recent Case Law (2025 – Taylors Services Ltd): Travel from home to a site in employer-provided transport does not count as “time work” for NMW, unless actual work is done during the journey.
Why does Travel Time matter for your business?
Legal risk: Getting it wrong can trigger HMRC investigations, fines, or tribunal claims.
Cost: Employers must ensure NMW compliance and may need to pay for additional hours.
Employee wellbeing: Long travel times can push workers beyond WTR limits and reduce rest.
Reputation: Clear, fair travel policies support engagement, retention, and employer brand.
Time Travel – best practices for SMEs
Define travel rules clearly in contracts and policies (commuting vs assignment travel).
Record travel time accurately, especially for mobile workers.
Check NMW compliance whenever travel is unpaid or paid at a lower rate.
Plan schedules so travel doesn’t breach daily/weekly rest requirements.
Review regularly – keep policies updated with case law (e.g Tyco, Taylors)
Practical Examples
Example 1: Office Worker (Fixed Base)
Emma travels from home to her office.
This commute is not working time and doesn’t count towards NMW.
Example 2: Care Worker (No Fixed Base)
Tom goes from home → first client → several visits → last client → home.
For WTR: All of this travel counts as working time.
For NMW: Only the travel between clients must be paid at least NMW. Home-based legs don’t count as “time work.”
Example 3: Worker in Employer Minibus
Sarah is collected from home by a company minibus.
For NMW: This journey doesn’t count as working time unless she performs duties during travel.
For WTR: May still count if she has no fixed base.
Travel Time
At a glance rules
Scenario
WTR
Working Time
NMW
Time Work
Home > Fixed Workplace (commute)
Home > First / Last > Home (No Base)
(unless work is done en route)
Travel between Clients/Sites
Employer Minibus (home to site)
Maybe (WTR)
Your Questions Answered
FAQs on Travel Time
Does my daily commute count as working time?
No, if you travel to a fixed workplace.
Do I have to pay for travel time?
Only where it counts towards NMW or if your contract/policy provides for it.
What about mobile workers?
Their first and last journeys of the day count as working time under WTR, but not necessarily for NMW.
How does this affect rest breaks?
Travel that counts as working time must be included when calculating rest under WTR (e.g., 11 hours daily rest).
Can I pay a lower “travel rate”?
Yes, but average pay must still meet NMW for qualifying travel time.
Are employers liable if lone workers are harmed?
Yes, if the employer has failed to take reasonable steps to manage risks.
What should a lone working risk assessment include?
Hazards, who may be harmed, control measures, emergency response, and review dates.
Can home workers be classed as lone workers?
Yes, home-based staff are lone workers and require risk assessments.
Do I need a lone working policy?
Yes, having a written policy helps demonstrate compliance and sets clear expectations.
Which laws cover lone working?
Primarily the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999.
Is lone working legal in the UK?
Yes, lone working is legal if risks are assessed and controlled.
Where to find out more A collection of hand-picked useful resources in relation to Travel Time from impact HR and beyond
Travel time rules are complex—especially for mobile workers. At impact HR, we help SMEs create compliant policies, review contracts, and implement systems to track hours and pay correctly.
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