Working time

New and updated

• 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.

• Type:

  Survey analysis

  Major sporting events and special events survey 2018

  XpertHR research looks at employers' arrangements for managing the impact of major sporting events and other special events when they coincide with working hours.

• Type:

  Letters and forms

  Absence record form

  A model form to create a comprehensive record of the reasons for an individual's absences.

• Type:

  Employment law cases

  Working time: No compensation for injury to feelings for rest break failures

  In Santos Gomes v Higher Level Care Ltd, the Court of Appeal held that compensation for injury to feelings is not available in a claim under the Working Time Regulations 1998 (SI 1998/1833) for a failure to provide 20-minute rest breaks..

• Type:

  Employment law cases

  Annual leave: Worker entitled to leave accrued over full 13-year period he worked for company

  In The Sash Window Workshop Ltd and another v King [2018] IRLR 142 ECJ, the ECJ held that the right to paid annual leave of a "worker" who was treated as a self-employed, commission-only salesman could accumulate over an unlimited period, and that the worker was entitled to claim the accrued holiday pay on termination.

• Type:

  Employment law cases

  Firefighter's on-call time spent at home constitutes "working time"

  In Ville de Nivelles v Matzak, the European Court of Justice (ECJ) held that the time during which a firefighter is on standby at home and must be at the fire station within a matter of minutes counts as "working time".

• Type:

  Employment law cases

  Injury to feelings compensation can be awarded for "working time detriment"

  In South Yorkshire Fire & Rescue Service v Mansell and others, the Employment Appeal Tribunal (EAT) held that workers can be awarded compensation for injury to feelings in working time detriment claims.

• Type:

  FAQs

  Where a worker is entitled to a 20-minute rest break under the Working Time Regulations 1998 can this be taken as two 10-minute breaks?

• Type:

  Employment law cases

  Holiday pay: Payment for voluntary overtime normally worked is part of "normal remuneration"

  In Dudley Metropolitan Borough Council v Willetts [2017] IRLR 870 EAT, the EAT held that payments for regularly worked voluntary overtime are part of a worker's "normal remuneration" for the purposes of calculating a week's pay in respect of a worker's holiday pay entitlement.