Skip to main content

Research Repository

Advanced Search

Travel time as working time: Tyco, the unitary model and the route to casualization

McCann, Deirdre

Travel time as working time: Tyco, the unitary model and the route to casualization Thumbnail


Authors



Abstract

As casualisation strategies have proliferated in the wake of the global crisis, techniques to exclude discrete time periods from the working day are increasingly being devised. Vulnerable periods are targeted and configured as regulatory no-man’s lands that encircle disjointed episodes of protected work. Travel time is one such disputed site. These periods are especially fraught at the lower end of the labour market, perhaps most prominently in the signs of unacceptably widespread non-payment of travel time in the home care sector.1 Such temporal fragmentation strategies are beginning to be tested before the courts.2 In the recent Tyco judgment, the Court of Justice of the European Union (CJEU) for the first time addressed the status of travel time under the Working Time Directive (WTD).3 In doing so, the Court reasserted a unitary model of working time and stressed that this model can embrace travel periods. It also identified remuneration as the plane on which temporal fragmentation of jobs can be reconciled with the EU legal order. The judgment in Tyco therefore offers an opportunity to reflect on the evolving role of legal regulation in structuring the temporal dimension of casualisation.

Citation

McCann, D. (2016). Travel time as working time: Tyco, the unitary model and the route to casualization. Industrial Law Journal, 45(2), 244-250. https://doi.org/10.1093/indlaw/dww010

Journal Article Type Article
Acceptance Date Mar 20, 2016
Online Publication Date Apr 24, 2016
Publication Date Jul 1, 2016
Deposit Date Mar 20, 2016
Publicly Available Date Mar 28, 2024
Journal Industrial Law Journal
Print ISSN 0305-9332
Electronic ISSN 1464-3669
Publisher Oxford University Press
Peer Reviewed Peer Reviewed
Volume 45
Issue 2
Pages 244-250
DOI https://doi.org/10.1093/indlaw/dww010

Files

Accepted Journal Article (429 Kb)
PDF

Copyright Statement
This is a pre-copyedited, author-produced PDF of an article accepted for publication in Industrial Law Journal following peer review. The version of record McCann, Deirdre (2016). Travel time as working time: Tyco, the unitary model and the route to casualization. Industrial Law Journal, 45(2): 244-250 is available online at: http://dx.doi.org/10.1093/indlaw/dww010.




You might also like



Downloadable Citations