What does Working time mean? In employment law, working time is the time that counts towards statutory limits on weekly hours, daily/weekly rest and paid annual leave. It is a defined term in UK legislation (Working Time Regulations 1998 for Great Britain and equivalent Northern Ireland regulations) and Irish legislation (Organisation of Working Time Act 1997), implementing the EU Working Time Directive. It generally includes: time when the worker is working, at the employer’s disposal and carrying out duties; required training; and any additional time treated as working time under a collective or workforce agreement. Case law guides common questions: on‑call at the workplace usually counts in full;...
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This Practice Note explains the conditions that an individual is required to meet in order to fall within the protection afforded by the Working time Regulations 1998 (WTR 1998), SI 1998/1833.
Although WTR 1998 grants rights to most Workers, several groups are excluded from some or all of its provisions in practice.
EU-derived measures like WTR 1998, enacted to fulfil the UK’s obligations under EU law, form part of assimilated law for these purposes.
For more detailed information, see Practice Note: Assimilated law.
References are made in this Practice Note to judgments of the Court of Justice of the European Union (CJEU).
For guidance on the extent to which CJEU rulings bind UK courts, see Practice Notes: Assimilated law—Assimilated case law and Retained EU law and assimilated law—Retained and assimilated case law.
Under WTR 1998, SI 1998/1833, reg 2(1), the term ‘worker’ carries a significantly wider meaning than ‘employee’...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...