Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
This ruling confirms the Advocate General’s opinion in this case, which we released a briefing on earlier this year – see here for our full commentary on the implications of the same.
In light of the ECJ’s ruling, employers will need to make sure that travel time to and from work for workers with no fixed or habitual place of work is taken into account when calculating:
- entitlement to rest breaks;
- compliance with night working limits; and
- that the maximum 48 hour average working week (over a 17 week reference period) is not exceeded – unless the worker has signed an opt out.
It may also impact on the accrual of annual leave for those who work irregular hours.
As we mentioned in our previous briefing, the ruling is not directly relevant to working time for National Minimum Wage (NMW) purposes. Employers do not therefore need to start taking into account journeys to and from work for the purposes of ensuring compliance with NMW following this ruling as the wording of the NMW Regulations is clear that this time wouldn’t be covered. However, the ruling does provide an insight into the approach the courts are taking, and we expect more developments of the law in this area.
For more information
The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
The Tenant Fees Act 2019 came into force on 1 June 2019.
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
This briefing assists response to the consultation paper by outlining the consultation questions, providing some background information and prompting some thoughts and potential answers.
A report published on 29 May by the Institute for Fiscal Studies (IFS) has found that since 2009-10, local government spending on services has fallen on average by 21% in real terms.
A long-awaited decision of the Court of Appeal has clarified that a lower standard of proof should apply than previously thought before an Inquest can return a conclusion of suicide.
New regulations come into force on 1 June 2019, amending the Section 21 (s21) prescribed form template for use with assured shorthold tenancies.
In a challenging economic climate with continuing budget cuts and increasing expectations of staff, sickness absence remains an ongoing problem that is important to address.
Social housing providers will routinely have a number of construction projects underway at any one time. It is essential for client teams to understand and avoid key contract management pitfalls.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.