The European Court of Justice (ECJ) has held that where a worker has no usual place of work, time spent travelling from and to home for the first and last customer visits of the day, should be counted as working time.
In Edwards and another v Encirc Ltd  IRLR 528 EAT, the EAT held that the time employee representatives spent attending trade union and health and safety meetings constituted "working time" under the Working Time Regulations 1998.
On this week's XpertHR Weekly we discuss how employers should manage mothers returning to work when they are continuing to breastfeed their babies.
The Employment Appeal Tribunal (EAT) has held that the employment tribunal adopted an unduly restrictive approach when deciding that the time spent by two trade union representatives attending union meetings during the day was not "working time". The EAT said that the correct approach is to take into account the aims of the EU Directive relating to working time.
Two trade union representatives working night shifts claimed that the time they spent attending union meetings during the day was "working time" and so they were entitled to an 11-hour rest period from the end of the meetings until the start of their next night shift. The employment tribunal rejected this claim.
David Malamatenios is partner, Linda Quinn, Colin Makin and Krishna Santra are senior associates, and Dominic Speedie is an associate at Colman Coyle Solicitors. They round up the latest rulings.
Use this working time workflow to deal with the legal and practical steps that an employer must address when it wishes an adult worker to enter into an agreement to opt out of the 48-hour working week under the Working Time Regulations 1998.
HR and legal information and guidance relating to working time.