Ms Whittlestone was required to visit several service users at different addresses during each working day, but under her contract, she was paid only for the time spent at each 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 clearly “assignment work” (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 arranging the assignments. With the exception of any gap in time long enough for a care worker to be able to go home, time spent travelling was time work covered by the NMWR 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