-------------------------
EMPLOYMENT E-MISSIVE No.7
-------------------------
by Charlie Price, LLB LLM barrister
Pendragon Chambers, Swansea
Tel: 01792 411188
-----------------------------------------------------
Charles Price specialises in employment and personal injury law and
practices across England and Wales. This e-mail is for academic purposes
only.
-----------------------------------------------------
Workers 'on Standby' Fall Under the Working Time
-----------------------------------------------------
Regulations
-----------
Davies & ors v London Borough of Harrow, case 3301124/02).
Nine women employed by Harrow Council as residential wardens in various care
homes for the elderly applied to a North London Employment Tribunal on the
basis that their terms of employment were in breach of the Working Time
Regulations. The women were on standby of 76 or more hours a week as well as
37 hours a week on active duty.
The Employment Tribunal found that workers 'on standby' fell within the
ambit of the Regulations. The women won claims against the Council under
both the Working Time Regulations and the National Minimum Wage Regulations
1999. There was one caveat to this decision, that the workers on 'stand by'
must not merely be "on-call" but must be restricted in his/her movements or
in another way. I predict that this particular thorny issue will rumble on
in tribunals for some time to come.
For further information on the Regulations and links click on:
http://www.hmso.gov.uk/si/si2003/20031684.htm