In a decision that will have a potentially significant impact in many European jurisdictions, the CJEU has found that Member States must ensure that employers keep records of workers' daily working time. This is necessary to ensure that workers' entitlements under the Working Time Directive to limits on their weekly and daily working time are met.
Under the Working Time Regulations, employers are only obliged to keep records to show that maximum weekly working time limits and limits on night work are being observed, as well as records of those who have opted out of maximum weekly working time. On the face of it, this obligation does not meet the standard required by the CJEU, although this would be a matter for a court to decide.
However, the impact of the decision in the UK may not be felt immediately. The record keeping requirements in the UK are contained in Regulation 9 of the Working Time Regulations. Failure to comply with Regulation 9 is an offence and responsibility for enforcing the requirement lies with the Health and Safety Executive or local authorities as appropriate. Individual workers do not have a right to complain about a failure to comply with Regulation 9 in the employment tribunal.
Employers should continue to comply with the existing record keeping requirements and consider any revised guidance from the Health and Safety Executive about its approach to enforcement. However, amending the Working Time Regulations to extend record keeping requirements is obviously not a current political priority, so developments in the short term seem relatively unlikely.