Travel time and lateness when company transport is provided

In some workplaces, employees travel to and from jobs using a company vehicle, for example, where teams are collected by a driver or meet at a central point before starting work. Issues can arise when an employee repeatedly delays the start of that journey or misses it altogether. Employers must understand how travel time, pay, and conduct interact in these situations to ensure decisions are both fair and lawful.

Under the Working Time Regulations 1998 (WTR), whether travel time counts as working time depends on the nature of the role:

For employees with a fixed place of work, travel between home and that workplace is not normally working time and does not need to be paid.
Travel during the working day, for example, from one job site to another usually does count as working time.
For mobile workers or those without a fixed base, travel between home and the first or last job of the day may be classed as working time because they are working under the employer’s instruction.

However, when a company provides transport to and from work, that arrangement does not automatically convert the journey into paid working time. The key consideration is whether the employee is carrying out duties for the employer during that travel. If an employee is repeatedly late for a company vehicle collection for instance, arriving after the agreed pick-up time this can legitimately be treated as a conduct issue rather than a pay or travel-time matter. The employer is not obliged to make alternative travel arrangements or pay for any additional transport costs incurred by the employee.

If the employee misses the lift and is unable to attend work as a result, this may be classed as unauthorised absence unless a valid reason is given. Consistent lateness may warrant informal warning or, if persistent, formal disciplinary action in line with the relevant attendance or conduct policy. That said, pay deductions must always comply with the Employment Rights Act 1996, meaning there must be a clear contractual right to deduct pay for lateness or non-attendance.

Maintaining transparent records of attendance and any authorised or unauthorised absences helps demonstrate fairness and consistency in approach.

To manage these situations effectively:

Set clear expectations about start times, collection points, and the importance of punctuality.
Confirm arrangements in writing, including any consequences for missing transport or arriving late.
Record lateness patterns and address them early through informal discussion before escalating formally.
Apply rules consistently across the workforce to avoid claims of unfair or unequal treatment.
Ensure deductions are lawful and proportionate if pay is reduced for time not worked.
Employers providing company transport should make clear that travel to work is a privilege, not an entitlement, and that employees remain responsible for punctual attendance. Where lateness disrupts operations or causes additional cost, addressing the issue through a fair conduct process is the correct and legally sound approach.

Contact us at enquiries@121hrsolutions.co.uk and we can discuss and further queries you may have on this subject.

Travel time and lateness when company transport is provided

121 HR Solutions Ltd