9. Hours of work



Key changes and developments since last year



• In October 2016, an employment tribunal case backed by the general GMB union established that Uber drivers are workers, with rights to holiday pay and other benefits. Uber has appealed the decision and the case will go to the Employment Appeal Tribunal (EAT) in September 2017.


• The EAT has confirmed that there is no need to ask for permission to take a rest break in order to bring a tribunal claim where an employer fails to provide breaks, reversing earlier controversial EAT rulings.


• In a case backed by public services union UNISON, the Court of Appeal has confirmed that holiday pay must include the commission workers (whose wages include contractual “results-based” commission) would have earned had they not been on holiday.


• An ECJ ruling in the case of Ville de Nivelles v Matzak C-518/15 is to decide whether, under EU law, firefighters are working when at home but with a duty to respond within eight minutes.


• The Advocate General’s Opinion in the case C. King v The Sash Window Workshop Limited C-214/16 sets out that where an employer has not provided a worker with paid leave, the right to paid leave carries over until he or she is able to take it. If it remains outstanding when they leave their job, they are entitled to payment in lieu.