EAT The Tribunal erred in law in holding that the Appellant had received the rest breaks to which she was entitled under reg 12 of the Working Time Regulations 1998. Gallagher v Alpha Catering Services Ltd [2005] IRLR 102 applied.
The Tribunal erred in law in holding that the Appellant was not working for the purpose of the Working Time Regulations 1998 during the whole time when she was on duty on call. SIMAP [2000] IRLR 845 and Landeshaupstadt Kiel v Jaeger [2003] IRLR 804 applied; South Holland District Council v Stamp (EAT/1097/02) not followed.,br />The Tribunal erred in law in holding that the Appellant was undertaking ‘unmeasured work’ for the purposes of the National Minimum Wage Regulations 1999.
Judges:
Richardson J
Citations:
[2006] UKEAT 0500 – 05 – 3101, UKEAT/0500/05, [2006] IRLR 514, [2006] ICR 510
Links:
Statutes:
Working Time Regulations 1998 12, National Minimum Wage Regulations 1999
Citing:
Reconsidered – South Holland District Council v Stamp and 13 others EAT 14-Apr-2003
EAT National Minimum Wage . .
Cited – Sindicato de Medicos de Asistancia Publica (SIMAP) v Colsilieria de Sanidad y Consumo de la Generalidad Valenciana ECJ 3-Oct-2000
Doctors working in primary health care teams are subject to the Working Time Directive. They are not to be assimilated as public service workers alongside emergency services. All time on call was working time and overtime if present at a health . .
Cited – Landeshauptstadt Kiel v Norbert Jaeger ECJ 9-Sep-2003
Concepts of working time and rest period – On Call
ECJ Reference for a preliminary ruling: Landesarbeitsgericht Schleswig-Holstein – Germany. Social policy – Protection of the safety and health of workers – Directive 93/104/EC – Concepts of working time and rest . .
Applied – Gallagher and others v Alpha Catering Services Ltd CA 8-Nov-2004
The Claimants were employed to deliver food to aircraft at airports, loading and unloading food from the aircraft. Between loadings, they were on down time – not physically working, but required to remain in radio contact with their employers, and . .
Cited – British Nursing Association v Inland Revenue (National Minimum Wage Compliance Team) CA 2002
The employers provided ‘bank nurses’ for nursing homes and other institutions on an emergency basis, including a 24 hour telephone booking service. At night employees were based at home. The ‘duty nurse’ would answered a diverted phone call and then . .
Cited by:
Cited – Hughes v Jones and Another EAT 3-Oct-2008
EAT WORKING TIME REGULATIONS
NATIONAL MINIMUM WAGE
A care worker in a residential home who was provided with accommodation so that she could discharge her duty to be on call for the residents 11 hours . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 05 July 2022; Ref: scu.240215