If you are preparing for a mock inspection today, there is one area that continues to catch out even experienced providers. Travel time and how it is paid. It sounds straightforward, but in reality, it is one of the most common reasons providers fail compliance checks. Regulators and enforcement bodies are looking closely at how staff are paid across their entire shift, not just the time spent with service users. This is particularly important in domiciliary care, where travel between visits is part of everyday delivery. Here is what you need to understand and what you should be checking right now.
The Working Time Rule
Under National Minimum Wage regulations, travel time must be treated as working time in specific situations. This includes travel between one service user and the next, travel from a place of work to training, and travel to meetings during a shift. In simple terms, if the worker is carrying out duties for the employer, that time counts. The exception is the daily commute. Travel from home to the first visit and from the final visit back home is generally not considered working time. This position is clearly outlined in the official guidance on working hours for minimum wage purposes.
Understanding the Real Risk: The Effective Hourly Rate
This is where most providers run into difficulty. Even if you pay a competitive rate for contact time, what matters legally is the average hourly rate across the full shift once travel time is included. For 2026, the National Living Wage is £12.71 per hour. That means the total pay divided by total working time must meet or exceed this figure. Total Pay divided by Contact Time plus Travel Time must equal at least £12.71 per hour. Here is where the risk becomes clear. If a carer works 45 minutes with a service user and spends 15 minutes travelling, they have worked one full hour. If they are only paid for the 45 minutes, their effective hourly rate drops below the legal threshold. This is exactly the type of issue that enforcement bodies look for during audits.
Three Common Red Flags Inspectors Will Look For
Gaps in the Rota
At first glance, gaps between visits may appear to be unpaid breaks. However, the key question is whether the worker is genuinely free during that time. If they are travelling, waiting for the next call, or restricted in what they can do, that time may still count as working time. Regulators often challenge providers where gaps appear artificial or where staff are effectively still on duty.
Unrealistic Travel Times
Scheduling systems sometimes underestimate travel time. For example, allocating five minutes for a journey that realistically takes fifteen. This creates a hidden compliance risk because staff are working longer than recorded, but not being paid for that time. Inspectors will often compare rotas with actual travel patterns to identify discrepancies.
Mileage Payments Being Misused
Mileage payments are intended to cover fuel and vehicle costs. They are not wages. They cannot be used to bring a worker’s pay up to the minimum wage. Pay for time worked and reimbursement for expenses must always be treated separately.
What Has Changed in 2026: A More Joined-Up Approach to Enforcement
There is now a stronger focus on how different data sources are used during inspections. Enforcement is no longer limited to reviewing payslips in isolation. Regulators are increasingly cross-checking multiple systems. For example, care providers using digital care planning systems may find that GPS or call monitoring data is reviewed alongside payroll records. If travel activity is recorded in one system but not reflected in pay, this becomes an immediate concern. This reflects a wider shift toward more detailed scrutiny, similar to what is being discussed in broader regulatory updates such as the CQC improvement programme and inspection changes.
A Practical Management Checklist for Today
If you are preparing for a mock inspection, this is where to start.
1. Spot Check Staff Rotas
Select at least three staff rotas from the previous week. Choose a mix of short and long shifts.
2. Verify Total Working Time
Add together contact time and travel time for each shift.
3. Calculate the Effective Hourly Rate
Divide total pay by total working time. Check whether it meets or exceeds £12.71 per hour.
4. Compare Against Payslips
Ensure that what is recorded in your rota and care system aligns with what staff have actually been paid.
5. Take Immediate Action if Needed
If there is a shortfall, it is important to act quickly. This may involve reviewing how travel time is paid or adjusting scheduling practices. Many providers carry out this type of review as part of a wider CQC compliance audit service or through structured preparation such as mock inspection support.
Final Thoughts
Travel time compliance is not a minor detail. It is a core part of employment law and a key focus during inspections. What often catches providers out is not intention, but calculation. Small gaps in how time is recorded and paid can quickly lead to wider compliance issues. Taking the time to review this properly now can prevent much bigger problems later. In today’s regulatory environment, accuracy matters. And when it comes to pay, it is always better to be certain than to assume.
