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

For more information about this case or advice on the WTR or NMW, please contact Matthew Wort  or Anna Dabek

 

Is £400m enough?
Is £400m enough?

The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.

The problems with co-owned properties and attorneys
The problems with co-owned properties and attorneys

Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.

What's mine is (not) yours!
What's mine is (not) yours!

A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.

How to avoid the PET trap
How to avoid the PET trap

When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.

Fictitious divorces
Fictitious divorces

Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.