Ms Whittlestone had to visit several service users at different addresses each working day, but under her contract she was paid only for time spent at each service user’s home. She travelled between each home by bus and there was never enough time to go back home between appointments. 


The EAT said her work was “assignment work” under regulation 15(3)(b),NMWR and that her travel time must be paid for. She was on a rota and obliged to visit each service user during the course of the day, and there was inevitably travel required between each appointment. That time was within the general control of her employer, who was responsible for arranging the assignments. With the exception of any gap in time long enough for Whittlestone to be able to return home, time spent travelling was time work covered by the NMW regulations and she was entitled to be paid for it. 


Whittlestone v BJP Home Support Limited [2013] UKEAT 0128/13/1907


www.bailii.org/uk/cases/UKEAT/2013/0128_13_1907.html