European Court ruling may impact UK employers

17th May 2019

European Court ruling may impact UK employers

In a recent article, Higgs reported on an opinion from an Advocate General in the European Court of Justice (ECJ) that suggested it should be necessary for employers to introduce systems to measure the duration of the actual working day and week for all employees.

The suggestion arose following a case in which the recording of employee hours by Deutsche Bank may have led to them being in breach of the EU Working Time Directive (click here to read the article in full).

The case was being considered by the ECJ at the time, with a decision pending.

That decision has now been published which confirms the opinion of the General Advocate in that:

  • The Working Time Directive (EU law) has been construed by the ECJ to require employers to record all working time for all workers.

Currently the Working Time Regulations (UK law) implementing the EU Directive only requires employers to record the time of workers in limited situations. However following the ECJ decision, it is likely that the UK Working Time Regulations will need to be amended to make them compliant with the EU law.

Employers should therefore look to ensure they have appropriate systems to record all working time for all staff and be alive to the potential impact on particular groups of workers, such as those working irregular hours or holding more than one job.

If you would like to discuss the implications on this ruling for your business then please contact a member of Higgs Employment team.




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