The applicant had worked as a waitress for the company, working as they requested, and also at her own option. She claimed the right to paid leave under the working time regulations. The tribunal found that she had been continuously employed for 13 weeks. The regulations required that the relationship be governed by a contract of employment during such a period. The provisions are opaque, but the rules as to calculation of weekly pay are not relevant in calculating continuous employment, and the regulations provide the entire definition. In this case there was no mutuality of obligation either to provide or undertake work, and accordingly there was no contract of service. The regulation may not correctly implement the Directive in this respect.
EAT Unlawful Deduction from Wages –
Judges:
His Honour Judge Peter Clark
Citations:
EAT/1186/00
Statutes:
Working Time Regulations 1998 (1998 No 1833) 13, Employment Rights Act 1996 221 222 223 224, EC Directive 93/104
Jurisdiction:
England and Wales
European, Employment
Updated: 28 April 2022; Ref: scu.168300
