Guys in the diving industry who have to travel up the day before to join a project will not be pleased with this case
In the recent case of “Baxter v Titan Aviation Ltd” the EAT stipulated that “time at work” only includes time when a worker is “available” to work and is “at or near the place of work”. In this case the worker was accommodated away from his abode near a job prior to starting the following day and the Tribunal Judges said he was “performing no task and he had no responsibilities and did not have to be “available” for anything nor was he at his place of work. He was not working, as he was free to do what he wanted. He was not entitled to be paid.
Good job we have the existing clause you get paid for the day before is mobbed at a worksite prior to 8am as the employers today would refuse to include such a clause.
