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.
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.