In a recent case, Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank
SAE, the European Court of Justice (“ECJ”) has held that in order to
comply with the EU Working Time Directive (“the Directive”), employers must
have a reliable and objective system of measuring actual daily time that their workers have worked.
This is a decision which could have a significant practical and financial impact on employers wanting to avoid the potential for action against them by the Health and Safety Executive and so we wanted to share our views on the steps we would advise employers to take in response to the case.
The facts of this case were that a group action was
brought by a number of Spanish unions against Deutche Bank, claiming that it
was under an obligation to set up a system which measured working time in order
to comply with the Directive.
This arose following concerns about whether the bank
was meeting its requirements in respect of providing the minimum periods of
daily and weekly rest periods, together with ensuring that workers were not
working more than an average of 48 hours in any seven day period. Whilst Deutche
Bank had in place a computerised system that recorded absences such as holiday
and whole day sickness absences, it did not measure actual time worked or the amount of overtime worked.
The ECJ ruled that in order to ensure the effectiveness
of the rights provided by the Directive, employers must provide an
objective, reliable and accessible system which records the time worked by each
worker so that it can be measured.
Implications for Employers
The …Read More
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It’s that time of year again when new rates apply for the purposes of
calculating compensation and statutory redundancy payments.
The main changes in rates are:
The maximum amount of a ‘week’s pay’ used to
calculate statutory redundancy pay and other payments increases from £508 to
£525.The maximum that can be awarded for unfair
dismissal increases from £83,682 to £86,444.
The upper limit stays the same at the lower of one year’s gross salary
or the maximum limit.The limit on the daily amount of guarantee payment
increases from £28 to £29 per day.
The increases apply where the event giving rise to the entitlement to
compensation or other payment occurs on or after 6 April 2019. In unfair
dismissal claims, this date is the effective date of termination of
employment. If the dismissal was before
6 April 2019 then the old limits still apply.
Acas has published new guidance on Age Discrimination which includes a
helpful summary of the current law and some practical guidance in three useful factsheets:
Age discrimination key points for the workplaceAge discrimination ten obligations for employersAge discrimination top ten myths
he EAT has determined that an employer is not able dismiss an employee who is in receipt of payments under a long-term disability plan, on grounds of incapacity, even if the contract of employment allows this.Read More