Working Time and Pay Entitlements

Question 1

Wages - History

Answer 1

Wage Councils were bodies that set minimum rates of pay across industries. Under Wage Councils Act 1945, their orders were legally effective. Abolished in the 1960s as seen as an obstacle to higher wages through collective bargaining.

Thatcher govt. dismantled trade unions and weakened them - so very little protections regarding minimum wages by the 1990s.

Question 2

s 6 NMWA 1998

Answer 2

Minimum wage is set by the SoS on the advice of the Low Pay Commission.

Question 3

s 35 NMWA 1998

Answer 3

Enforcement of NMW is conducted through common law claims for unpaid wages, and administrative mechanisms through HMRC issuing notices of underpayment and fines.

Question 4

National Minimum Wage Act 1998

Answer 4

NMWA was introduced by NL govt to fill the vacuum created by the decline of collective bargaining coverage and abolition of wage councils.

New rate introduced in 2016 established a National Living Wage for individuals 24+ - currently £7.20/hour.

Question 5

EU Working Time Directive

Answer 5

Directive 2003/88/EC requires EU MS to guarantee certain rights in relation to working hours of workers.

Art 1(3) - WT provisions apply to all sectors, both public and private.

Question 6

Pfeiffer v Deutsche Rotes Kruez

Answer 6

ECJ rejected argument that Directive does not apply to ambulance drivers. Fall outside the narrow exception for workers engaged in civil protection services.

Question 7

Union Syndicale v Premier Ministre

Answer 7

ECJ said that the definition of worker for the purposes of WTD cannot be left to MS. Worker has its own autonomous meaning under EU law.

Worker = for a certain period of time, person performs services for and under the direction of another, in return for remuneration.

Question 8

Simap

Answer 8

CJEU held that the time spent ‘on call’ when the worker is required to be on the employer’s premises, but is not actually engaged in work, still counts towards working time.

This does not apply where the employee is on-call at home, however - e.g. doctor with pager.

Question 9

Jaeger

Answer 9

Downtime when on employer’s premises also counts towards working time. Reasoning = downtime may be short and subject to frequent interruption.

Question 10

Working Time Regulations 1998

Answer 10

These provisions transposed the WTD into English law.

Reg 2(1) - worker is an individual who works under a contract of employment, or any other contract where the individual undertakes personal work for another party who is not a client/customer. WTR provisions apply to all workers (and therefore employees also).

Reg 4(1) - maximum 48 hours per week of working time. Reference period = 17 weeks - only has to be an average of 48 hours over that period.

Reg 5 - individuals can opt out of their rights under WTR, as permitted under the WTD.

Reg 13 - workers are entitled to at least 4 weeks of annual leave.