Working time

Voluntary overtime formed part of ‘normal pay’ for holiday pay purposes

A tribunal has held that in calculating the amount of holiday pay that an employer pays to its workers, it has to include payments for voluntary overtime, voluntary standby and voluntary call out payments, providing that work has been undertaken with sufficient regularity to have become part of the worker’s normal pay.
White v Dudley Metropolitan Borough Council
 

Holiday pay and commission payments

The EAT has confirmed that the Working Time Regulations 1998 can be interpreted in a way which conforms to European law on holiday pay – in this instance as it relates to commission payments.
British Gas Trading Ltd v Lock
 

Travelling time between home and customers for workers with no fixed workplace counts as ‘working time’

Where workers do not have a fixed or habitual place of work, the time spent by them travelling each day between their homes and the premises of the first and last customers designated by their employer constitutes ‘working time’.
Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security
 

Voluntary overtime and holiday pay

Voluntary overtime can in principle be included for the purposes of calculating statutory holiday pay.
Patterson v Castlereagh Borough Council
 

Mobile workers’ travelling time is ‘working time’

Time that mobile/peripatetic workers - those who aren’t assigned to a fixed or habitual place of work - spend travelling from home to the first customer designated by their employer and from the last customer designated by their employer to their homes, should be regarded as ‘working time’ according to the Advocate General of the European Court of Justice.
Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security
 

Time spent carrying out union activities may be was ‘working time’

The time that two employees spent on trade union business in the workplace could be‘working time’ within the meaning of the Working Time Regulations 1998. Although their employer delayed the start of their shifts to reflect the time spent in the meetings this was not enough to ensure that they benefited from an uninterrupted 11-hour rest period.
Edwards v Encirc Ltd
 
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