Round #915

We pay our care workers the national living wage but they spend 30 minutes travelling between client visits unpaid. Is this lawful?

In the UK, the National Living Wage (NLW) is the minimum hourly rate that employers must pay their employees aged 25 and over. However, there are specific rules regarding how travel time should be treated. According to the Employment Appeal Tribunal (EAT), if an employee's work involves regular journeys between clients or customers, these journeys can be counted as part of their working hours if they are necessary for the performance of their job duties. This is because the purpose of the journey is to enable the employee to carry out their work. In your case, if the care workers' 30 minutes of travel time between client visits is necessary for them to provide care and support services, then this time should be counted as part of their working hours and paid at the NLW rate. Employers cannot claim that these journeys are unpaid because they do not contribute directly to the performance of their job duties. However, if the travel time is purely for personal reasons or convenience (e.g., if the care workers choose to take longer routes), then this time would not be counted as part of their working hours and would not need to be paid at the NLW rate. It's important to note that employers should keep accurate records of all work-related activities, including travel time, to ensure compliance with employment laws. If you have any concerns about how travel time is being treated in your organization, it may be helpful to consult with a legal expert or HR professional for guidance.

No, it is not lawful.