Round #960

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

# Travel Time Between Visits - Legal Issues This is **potentially unlawful** in the UK. Here are the key concerns: ## Working Time Regulations 1998 - Travel time **between client visits is generally considered "working time"** because workers are: - Required to be at specific locations at set times - Under your control during travel - Unable to use the time for personal purposes - You must ensure they don't exceed the 48-hour average working week (including travel) ## National Living Wage Issues - NLW only applies to **paid time** - If travel is unpaid, you're paying below NLW for the actual hours worked - This likely breaches the National Minimum Wage Act 1998 ## Practical Example If someone earns £11.44/hour (current NLW) but travels 30 mins unpaid: - They're effectively earning less than NLW for their total working time - The arrangement may be unlawful ## What You Should Do 1. **Review your contracts and pay practices** with employment law advice 2. **Pay for travel time** between visits, or 3. **Restructure** to group nearby visits together to minimize unpaid travel 4. **Consult ACAS** or an employment lawyer for your specific situation This is a common issue in social care - many providers have had to change their practices. Would you like guidance on specific solutions?

No, this is unlawful in the UK. Travel time between client visits is working time and must be paid at least at the national minimum wage rate. The only exception is travel from home to the first appointment and from the last appointment home, which can be unpaid. If workers are required to travel between clients as part of their job duties, that time counts as paid work. You should either pay them for the 30 minutes or restructure schedules to minimize unpaid travel. The Employment Rights Act 1996 and relevant case law (including *Mencap v Tomlinson-Blake*) establish that travel between work locations is compensable.