Working time

New and updated

• Date:

  8 August 2019

  Type:

  Commentary and insights

  Holiday pay calculation and back payments

  Consultant editor Darren Newman looks at the latest rulings in a long line of holiday pay cases, including one with significant back-pay implications for Northern Ireland employers. He also explains why the issue of lengthy back-pay periods may not yet be completely resolved for employers in the rest of the UK.

• Type:

  Employment law cases

  NHS trust's monitoring of junior doctors' rest breaks is "flawed"

  In Hallett v Derby Hospitals NHS Foundation Trust, the Court of Appeal held that an NHS trust's use of commercial software to monitor rest breaks results in a breach of junior doctors' terms and conditions of service.

• Type:

  Employment law cases

  Holiday pay: Northern Ireland Court of Appeal refuses to limit claims for overtime non-payments

  In Chief Constable of the Police Service of Northern Ireland and another v Agnew, the Northern Ireland Court of Appeal refused to limit workers' historic claims for the unlawful exclusion of overtime from holiday pay calculations.

• Type:

  Employment law cases

  Court of Appeal rules that voluntary overtime must be included in holiday pay

  In East of England Ambulance NHS Trust v Flowers and others, the Court of Appeal held that ambulance workers are contractually entitled to have voluntary overtime included in the calculation of their holiday pay and, under the Working Time Directive (2003/88/EC), to have it included where it is sufficiently regular and settled.

• Type:

  Policies and procedures

  Working hours policy

  A model policy to set out the principles regarding employees' working hours.

• Type:

  Employment law cases

  Working time: Employers should be required to record workers' daily hours, holds ECJ

  In Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, the European Court of Justice (ECJ) held that EU law means that Spanish legislation should require employers to set up a system to record workers' actual daily working time.

• Date:

  26 April 2019

  Type:

  Commentary and insights

  Calculating holiday entitlement for term-time workers: is there a simple answer?

  In light of new guidance for local government employers on term-time workers, consultant editor Darren Newman looks for a simple way to calculate the holiday entitlement of employees who work only during school terms.

• Type:

  Employment law cases

  Working time: Compensatory rest period need not be one continuous break of 20 minutes

  In Network Rail Infrastructure Ltd v Crawford, the Court of Appeal held that, under reg.24 of the Working Time Regulations 1998 (SI 1998/1833), a compensatory rest period need not consist of an uninterrupted 20 minutes provided that it has the same value in terms of contributing to the worker's wellbeing.

• Type:

  Employment law cases

  Annual leave: German law cannot automatically preclude termination payment for unused holiday

  In Kreuziger v Land Berlin and Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV v Shimizu, the European Court of Justice (ECJ) held that a worker who does not apply for leave does not automatically lose the right to a payment in lieu on termination of employment.

• Type:

  Employment law cases

  Annual leave: Worker's right to payment for untaken holiday survives death

  In Stadt Wuppertal v Bauer; Volker Willmeroth als Inhaber der TWI Technische Wartung und Instandsetzung Volker Willmeroth eK v Broßonn, the European Court of Justice (ECJ) held that a German law that prevents a payment in lieu of a deceased worker's outstanding annual leave from forming part of their estate is incompatible with EU law.