Ilr 30 Case Study

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Recommended: Essays on employment law in european union

Working Time

Implementation

The Working Time Regulations 1998 consider working time as a health and safety matter than an employment rights matter. All European member states including the United Kingdom follow the regulations as before in the UK there was no universal legislation which dealt with working time and holidays. The regulations are part of the domestic employment law after being implemented 2 years after originally planned.

Case: United Kingdom v Council of the European Union (1997) IRLR 30
The UK argued against the EU on introducing working time regulations as employees would be limited to hours to work they would limit the maximum number of hours for all employees to work. The United Kingdom wished to include Sundays in the minimum rest periods but …show more content…

This is a normal course of work, working 5 night shifts out of 15 shifts. The worker is still protected as a night worker even if they work some days and some nights. Adult workers who work throughout the night are given extra protection due to the health and safety issues. Under regulation 2, a night worker’s shifts shouldn’t be less than 7 hours and they must work the period from 12pm to 5am to be class it as a night shift. Under regulation 6, a night-worker’s hours is maxed out at 8 hours a night during the reference period. Night workers aren’t able to opt-out as the regulations only apply to adult day workers.

Case: R v Attorney General for Northern Ireland (1999) IRLR 315
A worker was told to work night shifts which resulted in health issues and sick leave was taken. The employer refused to give day shifts so the employee had to resign on medical grounds. A claim was made to the court for a review but the that found she had not proved any loss because she didn’t show that if the instructions were in place the employer would’ve took her off nights and gave her day shifts.

Calculation of average

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