In a recent Tribunal case, the issue about what is and is not included within the scope of ‘Working Time’ has been re-examined.
As you will be aware, employees are entitled to a daily rest period of 11 hours within a 24 hour period. This case concerned shift workers, who had to attend meetings before or after their shifts, which infringed on their 11 hour rest period. The employees argued these meetings should therefore be considered as working time, and therefore their employer was in breach of the Working Time Regulations.
The Tribunal agreed with the employees, that these meetings did form part of their working day and as such would be considered ‘Working Time’. This was on the basis that it formed a fundamental part of their job role and as such their attendance at them was essential.
It is therefore clear that employers need to consider all duties employees undertake and ensure that employees are being provided with the correct rest periods.
As always our Members can receive employment law advice over the telephone.
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