Working Time – Can Employees Switch Off?

As work phones and the integration of technology into work life becomes ever more necessary, the effect on employees has become an issue. Smartphones are causing more and more conflicts between employees and employers due to employees being encouraged to exceed the number of hours that they have been contracted to work. This has led […]

By |2019-12-24T14:42:44+00:00August 31st, 2018|Contract of Employment|0 Comments

Flowers & Ors v East of England Ambulance Trust

Our next case is about holiday pay. Holiday pay is governed by Regulation 16 of the Working Time Regulations 1998 which states workers are entitled to be paid a week’s pay for each week of leave. This was perceived to mean basic pay. However, the interpretation of Sections 221-224 of the Employment Rights Act, which […]

By |2019-12-23T20:06:45+00:00July 20th, 2018|Holiday Pay|0 Comments

Crawford v Network Rail Infrastructure Ltd

  Sticking with the theme of transport based Respondents, our next case has shifted from airlines to train lines and concerns rest breaks and working time. The question in this case is: Does not having a continuous 20-minute rest break constitute a breach of the working time regulations? For most jobs, rest breaks are covered […]

Gig economy – Uber and CitySprint

The gig economy has been an issue we have been covering for most of the year. The recent Uber decision has highlighted that the judiciary will look at each case of alleged self-employment with a degree of scepticism and the government have echoed a similar sentiment. The latest update on the gig economy is that Uber is now facing […]

By |2019-12-30T11:57:23+00:00December 2nd, 2016|Gig economy, PJH & Industry News|0 Comments

Grange v Abellio London Limited – Does an employee need to ask for a rest break before they can begin a claim for being refused rest breaks?

Good morning , welcome back to our weekly Case Law Update. Last week we looked at the role decision matrixes in disciplinary procedures.  This week we will be looking at working time and rest breaks. A rather topical issue given that Sainsbury’s, a supermarket chain that is open on Christmas Eve and Boxing Day, has recently […]

By |2016-11-25T09:48:02+00:00November 25th, 2016|Employment Tribunals|0 Comments

Uber Drivers

Today’s case of the week is the case involving Uber. If you have not yet done so, read the judgment. It is very well put together on uber drivers. The decision will be read around the world. Careful readers of the footnotes will see that two greats of English Literature, William Shakespeare and John Milton, are quoted […]

By |2016-11-04T11:19:27+00:00November 4th, 2016|Employer Tribunal Representation|0 Comments

Santos Gomes v Higher Level Care Ltd – Working Time Regulations

In PJH Law’s last case of the week before the referendum, we have a case involving law derived from an European Directive and interpretation of both the EU Directive and the UK implementation of that directive. Santos Gomes v Higher Level Care Ltd – http://www.employmentappeals.gov.uk/Public/Upload/16_0017rjfhEHRN.doc The Working Time Directive is an EU directive which sets […]

Impact of leaving the E.U. on HR and Employment Law

Whether you are vote remain, exit/Brexit (not a real word), undecided or uninformed the E.U Referendum is certainly the talk of the town right now. Those of you who attended our seminar may remember the final section about the impacts of leaving the E.U on HR/employment law and we thought that as this was final […]

The Governing Body of Binfield Church of England Primary School v Roll – How do emergency call outs effect minimum wage regulations?

Mr Roll, the Claimant, was a site controller for Binfield C of E Primary School, the Respondent. The Claimant lived in a bungalow close to the school which he was required to inhabit as part of his contract. He was required to work 39 hours per week and was paid for any overtime worked. The […]

By |2019-12-28T13:40:44+00:00April 20th, 2016|Employment Tribunals, National Minimum Wage|0 Comments

Mobile workers – commute to and from home counts as working time

In a recent case the European Court of Justice has ruled that mobile worker’s travel time between home and job sites is classed as working time. The case concerns a security system installation company whose workers brought claims after their employer wanted travel time between home and customer to be classed as rest time. The ECJ has […]

EU Exit/Brexit – Potential Impacts

The European Union has been a contentious issue in the UK from practically the day we joined. However with David Cameron promising a referendum there is a real possibility that the UK might leave the E.U in the near future.. Here are some of the impacts an European separation might have on employment law.   […]