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Edwards and another v Encirc ET/2412489/13

Time spent attending union meetings was not ‘working time’

An employment tribunal has held in Edwards v Encirc that for the purposes of calculating working time under Regulation 2(1) of the Working Time Regulations 1998, time spent on trade union duties and activities was not ‘working time’. Regulation 2(1) requires that time spent must be:

  • Any period during which the employee is working, at his employer’s disposal and carrying out his activity or duties, or
  • Any additional period which is to be treated as working time under a relevant agreement.

Regulation 10 WTR provides that an employee shall be entitled to daily rest of 11 hours in every 24 hour period.

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