Working Time Regulations
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Associated British Ports v Bridgeman UKEAT/0425/11/JOJ
Appeal against a decision by the ET that the respondent could comply with the provisions as to daily rest as detailed by Regulation 10 of the Working Time Regulations. The EAT referred the issue of the proper construction of Article 17(3)(c) of the Directive to the ECJ for a preliminary ruling. The claimant cross appealed the ruling that the respondent’s activities involved a need for continuity of service. The cross appeal was dismissed.
- cases
06/04/2012 17:37
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Scottish Ambulance Service v Truslove & Anor UKEATS/0028/11/BI
Appeal against a ruling that the claimants’ claims relating to the Working Time Regulations were not time barred. Appeal dismissed.
- cases
01/02/2012 16:28
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Arriva London South Ltd v Nicolaou UKEAT/0293/11/RN
Appeal against the decision upholding the claimant’s complaint that he had suffered a detriment because the respondent had withdrawn right to overtime on rest days unless the employee had opted out of the 48 hour working week regulation. Appeal allowed and the claimant’s complaint rejected.
- cases
21/12/2011 16:02
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Russell & Ors v Transocean International Resources Limited [2011] UKSC 57
Appeal concerning rest periods under the Working Time Regulations where the appellants were offshore oil and gas workers.
- cases
09/12/2011 15:04
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Hughes v The Corps of Commissionaires Management Ltd [2011] EWCA Civ 1061
Appeal concerning construction of Working Time Regulations in circumstances where the claimant, a security guard on shift, could not be certain of uninterrupted breaks. Appeal dismissed.
- cases
09/09/2011 14:53
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Ross v Eddie Stobart Ltd UKEAT/0085/10/CEA
Appeal against a ruling that the claimant had not been dismissed for health and safety, whistleblowing or working time reasons. Appeal allowed and remitted to a fresh Tribunal for a re-hearing.
- cases
19/05/2011 16:45
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Arriva London South Ltd v Nicolaou UKEAT/0280/10/DA
Appeal against decision by the ET that the claimant had suffered a detriment by being denied overtime because he refused to forgo his protection against working more than 48 hours a week under the WTR. Appeal allowed and remitted to the same Tribunal for further considerations.
- cases
31/12/2010 18:00
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South Manchester Abbeyfield Society Ltd v Hopkins & Anor UKEAT/0079/10/ZT
Appeal by employer against decision that two employees were entitled to be paid the national minimum wage for all the hours they were on call. Appeal allowed and remitted to a different ET.
- cases
02/12/2010 10:02
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Hughes v The Corps of Commissionaires Management Ltd UKEAT/0173/10/SM
Appeal after a second Tribunal found that the respondent had not breached their obligations under paragraph 24 of the Working Time Regulations 1998. Appeal dismissed.
- cases
23/11/2010 15:38
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Crossland v Corps of Commissionaires Management Ltd UKEAT/0014/10/LA
Appeal against the Employment Tribunal’s decision that, on termination of employment, the claimant was entitled to accrued holiday pay based on normal hours as opposed to actual hours worked. Further appeal against a ruling that the claimant was not entitled to holiday pay for days which were booked as holiday but which he actually worked. Appeal succeeded: although the WTR state that holiday pay is based upon contractual hours, and not contractual hours plus overtime, the claimant’s contract stated that payment would be based upon average hours worked. Also, the WTR expressly prohibits payment in lieu of holiday, apart from in certain situations, so the claimant was entitled to be paid on the days which were booked as holiday but that he actually worked.
- cases
07/11/2010 15:15