David Renton examines how the Working Time Regulations apply to mobile workers
King Alfred the Great is supposed to have spent eight hours each day a week in prayer, eight hours in sleep, and only eight hours at work. The European Working Time Directive supplies our modern limits: workers’ rights to rest breaks, daily rest, weekly rest, maximum weekly working time and annual leave, which form an increasing part of all employment lawyers’ workload.
Ross v Eddie Stobart
In Ross v Eddie Stobart Ltd [2011] EAT/0085/10, the Employment Appeal Tribunal (EAT) has had to consider two issues left unclear from the Working Time Regulations 1998 (SI 1998/1833) (WTR) which implement the Directive: first, how far do these rights extend to workers who are partially excepted from the Regulations, and second, is the 48-hour limit capable of enforcement by way of an Employment Tribunal (ET) claim?
The claimant was a lorry driver who was required to work in excess of 48 hours per week over a 17-week period.
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