What does this mean?
In Great Britain the Working Time Regulations requires employers to keep “adequate records” to show compliance with the 48-hour limit on the average week and the protections for night workers. However, it does not specifically require all daily hours of work to be measured and recorded, nor is there any mention of recording daily or weekly rest periods. This judgment, therefore, raises serious doubt as to whether these record-keeping rules comply with the Directive’s requirements.
What should employers do?
Employers need to bear in mind that the Health and Safety Executive’s guidance, which states that specific records are not required and that employers may be able to rely on records maintained for other purposes, such as pay, may be updated in light of this judgment and that courts may start to interpret the Regulations in line with this judgment.
Case reference: Federación de Servicios de Comisiones Obereras (CCOO) v Deutsche Bank SAE