Category Archives: Working Time

Does an employer have to keep a record of the hours that an employee works?

Working time

Working Time and Hours The answer is, yes, according to a case that went before the European Court of Justice.   Due to the direct effect of EU law, the ruling will have implications for UK employers and may require the amendment of the Working Time Regulations 1998, depending on how long we remain in the […]

Worker Status & the ‘Gig’ Economy: Addison Lee Drivers

This is another case in a long line of cases making their way through the Employment Tribunal system about the status of persons who are working in the ‘gig’ economy. This time it involves the drivers who work for Addison Lee. The Law There are currently three status that someone who works for you can […]

When does time spent on-call, but not working, constitute ‘working time’?

Employees on-call and working time There have been numerous cases in European and local courts about whether time spent on call or time when an employee must be available but not actually working falls into the definition of working time. In a recent case the European Court of Justice have considered whether time spent on […]

When does the weekly 24-hour rest period have to be given to workers?

Working Time: Rest Breaks In the case of Maio Marques da Rosa v Varzim Sol, the question of when a worker is entitled to take their weekly 24-hour rest break was considered. The Law Under the EC Working Time Directive (2003/88) (the WTD) a worker is entitled to a 24-hour uninterrupted rest period “per each […]

Employee Rest Breaks at Work

Do employees have the right to a rest break even if they don’t ask for one? In a recent case an employer’s failure to allow an employee rest breaks during the working day was considered by the Employment Appeal Tribunal. What is unusual about this case is that the employee had not actually requested to […]

What is ‘Working Time’?

Does ‘Working Time’ include time spent travelling to and from home?  In a recent case referred to the European Court of Justice this question has been considered, and whilst the Court’s decision has not yet been published the Advocate General has given his view on this matter. The Law Under European Law ‘Working Time’ is defined as […]

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