- Commission v United Kingdom
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Commission v United Kingdom Court European Court of Justice Citation(s) (2006) C-484/04, [2006] IRLR 888 Keywords Working Time Directive Commission v United Kingdom (2006) C-484/04 is a European labour law and UK labour law case concerning the Working Time Directive, which is relevant for the Working Time Regulations 1998.
Contents
Facts
The UK Department of Trade and Industry (now the Department of Business, Innovation and Skills) stated in guideline to employers on the Working Time Regulations 1998 that ‘Employers must make sure that workers can take their rest, but are not required to make sure that they do take their rest.’ Also, Statutory Instrument 1999/3372 had amended regulation 20 to exempt workers whose work was but partly unmeasured, so working time and night work control applied only to unmeasured or predetermined time.
Judgment
The European Court of Justice held that the UK government's guidance advocated a breach of the Directive, article 4. There is a duty to guarantee that the right to rest is in fact observed. It also declared the 1999 amendment to be contrary to art 17, though the UK government had already backtracked with SI 2006/99 regulation 2.
See also
Sources on working time Barber v RJB Mining (UK) Ltd [1999] ICR 679see Working time in the United Kingdom - UK labour law
- Working Time Directive
- Corps of Commissionaires Management Ltd v Hughes [2009] IRLR 122, also on rest
- Gallagher v Alpha Catering Services Ltd [2005] IRLR 102, Peter Gibson LJ, [50] a rest break must be fixed in advance of its commencement
Notes
Law of the United Kingdom Common fields Constitutional law · Civil liberties · Company and insolvency law · Competition law · Labour law · Commercial law · European Union lawParallel fields Scots delict and English tort law · Scots and English contract law · Scots and English property law · Trusts · Scots and English administrative law · Scots and English criminal law · Scots and English family law · Scots and English civil procedureRelated systems English law · Northern Ireland law · Scots law · Welsh law · Law of the British Virgin Islands · Law of Australia · Law of Canada · Law of India · Law of New Zealand · Law of the United States · Anglo-Saxon law · Law of Hong Kong · Common law · Equity · English case lawUnited Kingdom law category Categories:- United Kingdom labour case law
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