Working time

In Edwards & Morgan v Encirc Limited [2015] UKEAT/0367/14/DM, the EAT confirmed that in a workplace where unions are recognised, time spent on union duties, for example, attending meetings at the workplace with the consent of the employer concerning health and safety or pay negotiations, will be working time for the purposes of the Working Time Regulations (see Chapter 4). Regulation 2(1) WTR says time will be “working time” if a worker is working, at the employer’s disposal and carrying out their activities or duties. A worker attending meetings in the capacity of a union or safety rep is working, ruled the EAT, because he or she is engaged in activities for the employer’s benefit — helping to promote good industrial relations and a safer workplace — that are derived from the employment relationship, and at a time agreed by the employer.

In this case, the employer subjected the two reps, both shiftworkers, to trade union detriment in breach of section 146 TULRCA by refusing them a rest break of at least eleven hours after a meeting. A recognition agreement can be a “relevant agreement” for the purposes of the WTR.