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Working time

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  • Date:
    1 February 2000
    Type:
    Employment law cases

    Normal working hours: No obligation to provide non-contractual overtime

    Employees whose contractual working hours were 39 hours per week but who, in practice, were required to work six hours' overtime made available to them to the extent of 45 hours per week were not guaranteed that overtime, so holds the EAT in Spence and others v City of Sunderland Council.

  • Date:
    1 May 1999
    Type:
    Employment law cases

    R v Attorney General for Northern Ireland ex parte Burns

    In R v Attorney General for Northern Ireland ex parte Burns [1999] IRLR 315 NIHCQB, Northern Ireland High Court, Queen's Bench Division held that that the failure of the Government to transpose the Working Time Directive in time was an actionable breach of Community law.

  • Date:
    1 April 1999
    Type:
    Employment law cases

    Contracts of employment: Maximum 48-hour week is a statutorily implied term in all employment contracts

    In making the Working Time Regulations, Parliament intended that all contracts of employment must be read so as to provide that an employee should work no more than an average of 48 hours per week during any 17-week reference period, holds the High Court in Barber and others v RJB Mining (UK) Ltd.

  • Date:
    1 April 1996
    Type:
    Employment law cases

    Holiday pay: Holiday pay calculation should be based on calendar day

    In Thames Water Utilities v Reynolds, the EAT holds that the Apportionment Act 1870 applied to the computation of a day's annual holiday pay to which an employee was contractually entitled on termination of his employment, and that the meaning of "a day" for these purposes is a calendar day rather than a working day.

  • Date:
    8 March 1991
    Type:
    Employment law cases

    Contracts of employment: Doctors' hours under attack

    An employer's right to require overtime from an employee who is under a contractual obligation to be "on call" for a specified number of hours in excess of his basic working week, is subject to the employer's implied duty to take reasonable care not to injure its employee's health, holds the Court of Appeal in Johnstone v Bloomsbury Health Authority.

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