We summarise the outcome of the High Court case ruling against Kingston-upon-Thames RBC and which landlords may need to take action and when, regarding compensation for overcharging water bills.
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
It is important to remember that when it comes to selling services, you must deliver on your promises.
Under section 3(1) of the Health and Safety at Work Act (HSWA) 1974, organisations are obligated to avoid public health and safety risks through the conduct of their business.
How does a media-savvy employer ensure a season of festive cheer but without mishap, damage to their reputation or harassment and bullying claims?
Providers need to be alive to the risk of contractors becoming insolvent and how to limit the resulting inevitable disruption.
Housing associations must continue to deliver core functions effectively and compliantly notwithstanding the uncertainty over the standards to which you will be held in the future.
Over the last few years the meaning of “asset management” has changed from being all about repairs to understanding that assets might not stay in an organisation forever.
The Grenfell Tower tragedy has understandably prompted a fundamental reconsideration of how building safety is approached for High-Rise Residential Buildings.
Results from the latest three-yearly valuation of the Local Government Pension Scheme (LGPS) are starting to trickle through.
The potential for Brexit with or without a deal causes uncertainty, and credit rating agencies do not like uncertainty.
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.