You don't get paid for every minute you're in the van, but a lot more of that travel counts -- in law -- than most bosses admit, especially between sites and for "mobile workers".
3.23.1 Home to site vs between sites
Two different questions:
Home to normal site and back
- Usually treated as your commute.
- For most employed workers, there's no automatic right to be paid for this, unless your contract says otherwise.
- For National Minimum Wage (NMW) calculations, regulations generally exclude normal commuting from "working time".
Between sites / jobs during the day
- Time spent travelling between assignments or sites you're told to go to usually does count as working time.
- HMRC's NMW manual says travel between assignments that you're obliged to make is "travelling for the purpose of working" -- it counts when checking if you're paid at least NMW.
So: unpaid commute is normal; unpaid site-to-site travel is where employers often slip into illegal underpayment.
3.23.2 Workers with no fixed base -- your travel counts
This is extremely common in construction and most employers ignore it.
The Tyco ruling (ECJ, 2015)
For workers without a fixed workplace ("mobile workers" going straight from home to different sites/customers each day), the European Court of Justice ruled that:
- The time spent travelling from home to the first job and home from the last job counts as working time for Working Time Directive/WTR purposes.
This applies when:
- You don't have a regular depot, office or fixed site.
- You're sent to different locations each day by your employer.
- You travel directly from home to wherever you've been told to go.
Important distinction
The Tyco ruling means this travel is working time for hours limits and rest breaks -- but it doesn't automatically mean it must be paid beyond NMW minimums. Pay is a contractual/NMW issue. But it does count towards the 48-hour limit and rest break rules.
So you can be in a situation where:
- Travel time is working time for Working Time Regulations (hours limit, rest breaks),
- But isn't paid beyond NMW minimums if your contract doesn't provide for it.
3.23.3 National Minimum Wage and travel time
HMRC guidance is quite clear:
- Travel between jobs/sites in the day usually counts as "time work" for NMW -- you must be paid at least NMW for that time.
- Travel from home to normal place of work (or from home to the first allocated assignment) is normally excluded from NMW calculations, unless you're actually working during that travel.
Key points
- You're generally not entitled to NMW for your normal commute.
- You are entitled to NMW for required travel between sites, waiting in the van between jobs, and similar, if that's part of the working day.
- If unpaid travel time pulls your effective hourly rate below NMW once you factor in all the hours you're required to be travelling and working, HMRC can treat that as NMW underpayment.
3.23.4 Rest breaks during travel
If travel between sites is working time, it counts towards the Working Time Regulations rest break thresholds:
- 20-minute break after 6 hours of work.
- 11 hours daily rest between working days.
- 24 hours uninterrupted rest in every 7-day period (or 48 hours in 14 days).
Employers can't have you driving between sites for 10 hours straight and claim you've had your rest. If your total working time (including travel) regularly exceeds these limits, that's a WTR breach -- even if you've opted out of the 48-hour weekly limit (the opt-out doesn't remove daily/weekly rest entitlements).
3.23.5 Travel expenses vs travel pay -- different things
You might not get paid for travel time but you might be entitled to travel expenses.
Mileage if you're using your own vehicle
HMRC's approved mileage rates (for tax-free reimbursement) are:
- 45p per mile for the first 10,000 business miles in the tax year.
- 25p per mile after that.
If your employer pays you less than this, you can claim tax relief on the difference through your self-assessment. If they pay you nothing for business mileage, you can still claim the full amount.
Business mileage includes travel between sites during the day, travel to temporary workplaces (sites you're at for less than 24 months), but generally not your normal home-to-work commute.
Many construction workers don't claim this when they should -- it can add up to hundreds of pounds a year in tax relief.
What about the company van?
If your employer provides a van:
- If you're required to drive the company van from home to site, there's an argument that you're operating the employer's vehicle and that travel should be treated as working time -- though this is fact-specific.
- A company van available for private use is a benefit-in-kind for tax purposes (currently a flat rate charge), even if you're "just" driving to site.
- Fuel provided for private use in a company van is an additional taxable benefit.
See guide 5.6 for more on what expenses you can claim.
3.23.6 Overnight stays and lodging
If you're sent to a site that's too far to commute daily:
- The question shifts to whether lodging is provided or whether you get a lodging allowance.
- HMRC publish benchmark scale rates for tax-free overnight subsistence -- employers can pay up to these rates without it counting as taxable income. The rates cover accommodation, meals and incidental expenses.
- If you're paying for your own digs because the employer won't, you may be able to claim tax relief -- but only if the site counts as a temporary workplace (less than 24 months).
Working away from home is common in construction. If you're not getting lodging or an allowance and you're paying out of your own pocket, check whether you're missing a tax claim.
3.23.7 Employed vs self-employed vs agency
Employed (PAYE)
- Whether you get extra pay for travel is mainly a contract issue -- check your contract and any site agreement.
- But:
- Site-to-site travel still counts as working time and for NMW, even if paid at a flat day rate.
- For "mobile" roles (no fixed base), home-to-first and last-to-home travel can count as working time under WTR (Tyco), which can push you over 48 hours unless you've opted out.
CIS / genuinely self-employed
- You negotiate your rate and where you'll work; there's no NMW protection, so legally you're taking the risk on unpaid travel.
- But you can't be forced to travel in clearly unsafe conditions (e.g. extreme weather driving) -- that comes back to general H&S duties, not travel pay.
- You can claim mileage and travel expenses against your tax bill.
Agency workers
- Often treated as having multiple assignments; travel between sites you're sent to in the day should be counted for NMW, same as other workers.
- Whether you get additional travel pay beyond NMW depends on the agency contract and any collective agreement.
3.23.8 TUPE and when your commute suddenly doubles
When work transfers to a new contractor under TUPE, your employment (if you're employed) usually transfers too, and you might be told to report to a different depot/site.
Legally
TUPE allows employees to resign and claim if there's a "substantial change in working conditions to their material detriment". Increased commute can be one of those conditions, but it's fact-specific.
Case law shows
- An extra 30 minutes each way in London with a mobility clause was not substantial enough.
- Increases of 45-75 minutes each way have, in another case, been found to meet the "substantial change" threshold.
So
- Small shifts in commute time are often seen as part of the job.
- Big changes that wreck your day (school runs, caring responsibilities) can potentially be "substantial change" under TUPE -- speak to a union or employment adviser early if that's you.
- For CIS/self-employed, TUPE doesn't apply -- you're down to whatever you can agree in the new deal.
3.23.9 How to raise it without being labelled awkward
If you think your travel time is being abused:
Keep a simple record for a few weeks
- Start/finish times,
- Travel between sites (times and distances),
- Paid hours and rate.
Then calmly raise it
- With your supervisor or payroll: "I'm doing X hours a week including travel between sites -- when you divide my pay by all those hours, it's below NMW. Can we look at this?"
- If they brush you off, or you suspect NMW issues, you can:
- Call Acas (0300 123 1100) for employment-law guidance.
- Report to HMRC online via gov.uk/government/organisations/hm-revenue-customs if you think there's a minimum-wage breach.
- Speak to your union rep if you've got one.
What to do next
- Check your contract -- does it say anything about travel time, mileage, or between-site travel? If it's silent, that doesn't mean you have no rights -- NMW and WTR still apply.
- Keep a log of your actual hours including travel for a few weeks -- if the numbers don't add up to NMW, you've got evidence.
- Claim your mileage if you're using your own vehicle for work travel and not being fully reimbursed -- check if you're missing tax relief.
- If you're regularly working 50+ hour weeks once travel is included, check whether you've actually opted out of the 48-hour WTR limit and whether your rest breaks are being respected.
Sources
- Working Time Regulations 1998 -- legislation.gov.uk/uksi/1998/1833/contents/made -- weekly working hours limit, rest breaks, and definition of working time.
- National Minimum Wage Act 1998 -- legislation.gov.uk/ukpga/1998/39/contents -- the legal minimum wage floor.
- National Minimum Wage Regulations 2015 -- legislation.gov.uk/uksi/2015/621/contents/made -- detailed rules on what counts as working time for NMW, including travel.
- Federacion de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL (C-266/14, 2015) -- ECJ ruling that travel from home to first/last assignment counts as working time for mobile workers with no fixed base.
- Transfer of Undertakings (Protection of Employment) Regulations 2006 -- legislation.gov.uk/uksi/2006/246/contents/made -- TUPE protections including "substantial change in working conditions."
- HMRC guidance on NMW and travel time -- gov.uk -- calculating minimum wage where travel between assignments is required.
- HMRC approved mileage rates -- gov.uk/expenses-and-benefits-business-travel-mileage.
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