Will I be paid for extra travelling time in respect of a compulsory transfer?

Whether or not you are paid for extra travelling time after a compulsory transfer depends on whether this has been agreed in your employment contract or in any collective agreement.

Any agreement may only be for a fixed period of time after the transfer.

This kind of issue should be agreed clearly before the transfer.

There are specific statutory duties to consult with the workforce before a transfer under the Transfer of Undertaking Protection of Employment Regulations (TUPE).

Where a union is recognised, this consultation should be with the union. Your union may be able to negotiate, for example, a pay rise or one-off bonus payment to reflect the extra travel time.

If you are a mobile worker, in other words, a worker who does not attend a fixed place of work each day and whose job instead involves you travelling from customer to customer providing services, you may be affected by a ruling of the European Court of Justice (ECJ) in a case brought by a Spanish trade union. In Federacion de Servicios Privados del sindicato comisiones obreras v Tyco Integrated Security SL [2015] EUECJ C-266/14, the ECJ decided that time spent travelling to and from the first and last appointment of the day will normally be working time.

Even though the case concerned working time rights as opposed to pay, it is expected to have an impact in negotiations over pay for the travel time of low-paid mobile hourly workers. The hourly rate of these workers must not drop below the National Minimum Wage once travel time to and from the first appointment is added to working hours.

Examples of 'mobile' workers can include domiciliary care workers whose working day is spent travelling between the homes of service users, or service engineers who carry out their work at clients' premises. 

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.