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Interrupted rest breaks are not "on-call time" requiring payment

United Kingdom - November 12 2010 In the case of Martin v Southern Health & Social Care Trust, the Northern Ireland Court of Appeal (NICA) ruled that, although a nurse's rest breaks during night shift were often interrupted due to medical emergencies or other more mundane administrative matters, this did not mean that those rest breaks amounted to "on-call time" for which she was entitled to be paid....

Neil Maclean.

Withholding discretionary bonuses

United Kingdom - November 12 2010 In Humphreys v Norilsk Nickel International (UK) Ltd, the High Court has held that an employer did not act irrationally in determining that no bonus was due under a discretionary performance bonus scheme....

Neil Maclean.

ECJ gives clues on how to justify a retirement age

United Kingdom, European Union - November 11 2010 The ECJ has given an important ruling in the case of Rosenblatt v Oellerking, which will be of interest to UK employers who wish to retain a compulsory retirement age after the abolition of the default retirement age on 1 October 2011....

Neil Maclean.

Acquired Rights Directive applies to transfers by non-contractual employer

United Kingdom, European Union - November 11 2010 The ECJ has recently held that the Acquired Rights Directive (ARD) applies on the transfer of an undertaking by a group company where a different group company employs the affected employees, provided they are permanently assigned to the undertaking being transferred (Albron Catering v FNV Bondgenoten and Roest)....

Neil Maclean.

ECJ rules Spanish legislation on time off for breastfeeding discriminates against men

Spain, European Union - November 11 2010 The ECJ has held that Spanish legislation permitting employees to take time off to feed a baby breaches the Equal Treatment Directive....

Neil Maclean.