Time spent travelling between assignments
[ch 4: page 106]The average pay of an hourly-paid worker during a pay reference period (week or month) must be at least the NMW after including time spent travelling between assignments. The only exception is if there is enough time between each assignment to travel back home (regulation 34, NMWR 15). This was established in the following important case:
Ms Whittlestone had to visit several service users at different addresses each day, but she was paid only for time spent at each service user’s home. She travelled by bus and there was never enough time to go back home between appointments. The EAT said her travel time must be paid for since Whittlestone’s rota required her to visit each service user, and travel was inevitably required between each appointment. That time was within the general control of her employer, who was responsible for arranging her assignments. With the exception of any gap in time that was long enough for Whittlestone to return home, time spent travelling was “time work” for which she was entitled to be paid.
Whittlestone v BJP Home Support Limited [2013] UKEAT 0128/13/1907
https://www.bailii.org/uk/cases/UKEAT/2013/0128_13_1907.html