Updated to reflect that the calculation of a week's pay for paid time off for furloughed employees to look for work or to make arrangements for training is based on their normal pay rather than furlough pay.
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.
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