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The European Court of Justice has ruled that, for peripatetic employees with no fixed or habitual workplace, time spent travelling from home to the first customer and from the last customer of the day back home does count as ‘working time’. This is because during such journeys the workers are at work, at their employer’s … Read more
The ECJ has confirmed that, when a worker increases their hours during the leave year, the statutory leave entitlement going forward must be recalculated based on the new increased hours, but any leave that has already accrued does not need to be recalculated retrospectively to take account of the increased hours. If the worker took … Read more
The ECJ has followed the Advocate-General’s opinion in Federacion de Servicios Privados v Tyco Integrated Security (reported in our blog here) that, for peripatetic employees with no fixed or habitual workplace, time spent travelling from home to the first customer and from the last customer of the day back home does count as ‘working time’. Read more
Saudi Arabia’s Council of Ministers has approved amendments to the Kingdom’s labour laws, but has delayed the implementation of new Saudisation requirements. Read more
Employees unable or unwilling to take their 4 weeks' EU-derived statutory holiday because of sickness absence continuing to the end of the leave year can carry it forward, but must take it within 18 months of the end of the leave year in which it accrued. Read more
The ECJ Advocate-General has given the opinion in Federacion de Servicios Privados v Tyco Integrated Security that, for peripatetic employees with no fixed or habitual workplace, time spent travelling from home to the first customer and from the last customer of the day back home does count as ‘working time’. In his view, it was … Read more
In Patterson v Castlereagh BC the Northern Irish Court of Appeal has given its view that, in principle, voluntary overtime pay may need to be included in the calculation of holiday pay for the 4 weeks' EU statutory holiday. This builds on the EAT ruling in Bear Scotland v Fulton last year that “non-guaranteed” compulsory … Read more
As expected, the employment tribunal in Lock v British Gas Trading has confirmed that words can be written into the Working Time Regulations to provide that commission (or any ‘similar payment’) should be reflected in the calculation of pay for the 4 weeks' statutory holiday entitlement, mirroring the EAT's ruling on non-guaranteed overtime in Bear Scotland. Frustratingly, … Read more
