Health and Safety Law 2024 (October 2024)

The employer argued that the meetings were not in “working time”. Although the employment tribunal found the reps were “working” during the meetings, the EAT said it had adopted a too narrow approach in deciding whether they were also “at the employer’s disposal” and “carrying out his activities or duties”. It said that a wider approach was allowed, which could take into account activities that were for the benefit of the employer in a broader sense, such as attending a trade union or health and safety meeting. Their claims were remitted to the employment tribunal for re-consideration, applying this broader approach to “working time”.

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