1

Subject to paragraph (1A), time when a worker is available at or near a place of work for the purpose of doing salaried hours work and is required to be available for such work shall be treated as being working hours for the purpose of and to the extent mentioned in regulation 22(3)(d) and (4)(b) except where—

a

the worker’s home is at or near the place or work; and

b

the time is time the worker is entitled to spend at home.

1A

In relation to a worker who by arrangement sleeps at or near a place of work and is provided with suitable facilities for sleeping, time during the hours he is permitted to use those facilities for the purpose of sleeping shall only be treated as being salaried hours work when the worker is awake for the purpose of working.

2

Time when a worker is travelling for the purpose of duties carried out by him in the course of salaried hours work shall be treated as being working hours for the purpose of and to the extent mentioned in regulation 22(3)(d) and (4)(b) except where—

a

the travelling is incidental to the duties carried out in the course of salaried hours work, the salaried hours work is not assignment work and the time is time when the worker would not otherwise be working; or

b

the travelling is between the worker’s home, or an address where he is temporarily residing other than for the purposes of performing work, and his place of work or a place where an assignment is carried out.

3

For the purposes of paragraph (2)(a)—

a

travelling is incidental to the duties carried out by a worker unless duties involved in his work are necessarily carried out in the course of the travelling, as in the case of a worker driving a bus, serving in a bar on a train or whose main duty is to transport items from one place to another, and

b

salaried hours work is assignment work if it consists of assignments of work to be carried out at different places between which the worker is obliged to travel that are not places occupied by the worker’s employer.