Updated to include information on Grange v Abellio London Ltd, concerning the extent of the employer's obligation to put in place working arrangements to enable workers to take rest breaks.
Updated to include information on Grange v Abellio London Ltd, in which the EAT held that an employer has a proactive duty to ensure a worker's entitlement to take a rest break.
On this week's XpertHR weekly, we consider the recent decision in which it was found that travelling time for mobile workers counts as working time under the Working Time Regulations 1998.
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.
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.
HR and legal information and guidance relating to daily and weekly rest periods.