Working time
This week's case of the week, provided by Charles Russell, covers employer-designated days of leave.
In May Gurney Ltd v Adshead and others EAT/0150/06 the Employment Appeal Tribunal holds that the remuneration of employees entitled to a perfomance bonus "does vary with the amount of work done". Accordingly the amount of a week's pay for the purpose of calculating holiday pay will be determined by taking the employees' average pay over the 12 weeks preceding their holiday.
In McLean v Rainbow Homeloans Ltd [2007] IRLR 14 EAT, the Employment Appeal Tribunal (EAT) has held that an employee was unfairly dismissed for asserting a statutory right when he refused to work extra hours that would have been a breach of the Working Time Regulations 1998.
On 7 September 2006, the European Court of Justice (ECJ) ruled that government guidelines accompanying the UK's Working Time Regulations are liable to render the right of workers to daily and weekly rest periods meaningless because they do not oblige employers to ensure that workers actually take the minimum rest periods.
In Anderson v Jarvis Hotels EATS/0062/05, the Employment Appeal Tribunal (EAT) has held that an employee was contractually entitled to be paid for periods when he was required to sleep on the employer's premises, even though he rarely had to carry out any work during these periods.
In British Airways plc v Noble and another [2006] IRLR 533 CA, the Court of Appeal has held that a reduction of 4/52 in employees' shift pay, spread evenly throughout the year, is not a breach of the Working Time Regulations 1998.
In Robinson-Steele v RD Retail Services Ltd and other cases Joined Cases C-131/04 & C-257/04 ECJ, the European Court of Justice held that it is unlawful to "roll up" holiday pay so that, in effect, workers' minimum period of paid annual leave is replaced by an allowance, paid in instalments throughout the year.
In MacCartney v Oversley House Management, the EAT the Employment Appeal Tribunal holds that an employee who was required to remain on call at or close to her place of work was 'working' even if her employer provided her with a home at her place of work.
In Commissioners of Inland Revenue v Ainsworth and others, the Court of Appeal holds that workers absent through long-term sick leave who have exhausted their entitlement to sick pay are not entitled to four weeks' holiday pay when they have done no work during the leave year.
Karen Smith and Sophy Robinson of Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.
Employment law cases: HR and legal information and guidance relating to working time.