Summary:  Is a ‘sleep-in shift time work’ for the purposes of the National Minimum Wage Regulations (NMW Regs)? No, and nor can it be ‘work’ in any other sense in the NMW Regs, holds the Supreme Court in Royal Mencap Society v Tomlinson-Blake and another case available here. Background:  The NMW Regs provide that workers…
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It is probable that the recent ECJ decision in the case of Federacion de Servicios de Comisiones Obreras v Deutsche Bank may have passed you by.  ‘Record keeping’ and ‘working time’ are hardly terms that put fire in our bellies!   However, this case has shone a light on a small but important section of workers’ working…
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What do we already know? In our February 2019 Newsletter Case update (1): Working time – Record keeping we updated you that the Advocate General’s Opinion was that there was an obligation on EU employers to introduce a system for recording actual number of hours worked each day. The Advocate General concluded that without a…
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What do we already know? We updated you in our September 2016 Newsletter Case update (1): Request to rest on the EAT’s decision in Grange v Abellio London Ltd that employees do not need to actually request a rest break (under the Working Time Regulations) before making a claim that their employer has refused rest…
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Summary: Is there an obligation for EU employers to introduce a system for recording actual number of hours worked each day? Yes, says Advocate-General Pitruzzella in Federacion de Servicios de Comisiones Obreras -v- Deutsche Bank SAE available here. Background:  Under the EU working time directive, employers are required to set up a system for recording…
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Summary: Do employees need to actually request a rest break (under the Working Time Regulations) before making a claim that they have been refused rest breaks? No, says the EAT in Grange v Abellio London Ltd available here. Facts:  Mr Grange was employed as a ‘Relief Roadside Controller’ by Abellio London Ltd and his job required…
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Do you remember the days when zero hours contracts were the best thing since sliced bread?  Those contracts for casual working, under which the employer does not guarantee to provide the worker with any work and pays the worker only for work actually carried out? A good thing For employers, they offered the wonderful comfort…
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Summary: Does time spent by peripatetic workers (i.e. those with no permanent work base) travelling from 1) home to their first job of the day and 2) from the last job of the day back home constitute working time for the purposes of EU law? Yes, says the Court of Justice of the European Union…
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What do we already know? In our June 2015 Newsletter Case update (3): Working time – travel time we updated you that Advocate General Bot in Federacion de Servicios Privados del sindicato Comisiones Obreras v Tyco had given his opinion that time spent by peripatetic workers (i.e. those with no permanent work base) travelling from…
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Summary: Is time spent by peripatetic workers travelling between their home and their customers’ premises working time under the Working Time Directive? Yes, in his opinion, says the Advocate General in Federacion de Servicios Privados del sindicato Comisiones Obreras v Tyco available here. Facts: The employees installed and maintained security alarm systems. They had no…
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