News and Support from The NASUWT
A recent case heard by the Court of Justice of the European Union ruled that peripatetic workers’ travel time to their first and from their last customers of the day is classed as working time.
A peripatetic teacher may work at a number of different schools over the course of a week and may not have a fixed base where they are expected to be when not deployed to a school or other setting.
If this is the case, it could well be argued that their travel time to their first appointment of the day and travel home from their last appointment, together with any travelling to different sites during the day, should all be counted under the British Working Time Regulations and that the peripatetic teacher should be paid for the whole of that working time.
The ruling would not apply to peripatetic teachers who have a central office or base they have to attend regularly, for example an employer’s central music department. They would not be regarded as mobile workers.
In most cases, supply teachers are unlikely to be regarded as mobile workers unless they have a regular timetable of teaching at more than one school and are expected to split their working days between different schools.
This is a complex area of new law that is yet to be tested in an Employment Tribunal and each case will have to be determined on its own merits.
For further advice, contact 03330 145550 or email: firstname.lastname@example.org.
Teaching Today December 2015