The Employment Appeal Tribunal has upheld an employment tribunal decision that an employee who was allowed to sleep for much of his shift, but had to deal with anything untoward that might arise, was entitled to be paid the national minimum wage for the whole shift.
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.
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 Pfeiffer and others v Deutsches Rotes Kreuz, Kreisverband Waldshut eV, the European Court of Justice held that the exclusion of 'road transport' from the provisions of the Working Time Directive did not cover emergency workers, even when they used a road vehicle and accompanied patients on their journeys to hospital.
In Clamp v Aerial Systems, the EAT holds that, in a case where the applicant withdrew his consent to opt out of the maximum 48-hour week set by the Working Time Regulations 1998, the applicant had not suffered a detriment within the meaning of s.45A of the Employment Rights Act 1996.