Time Recording at work – is it necessary?
According to the Court of Justice of the European Union (CJEU) it is. In the recent case of Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, the CCOO. A Spanish Trade Union had brought a group action suit on behalf of its members. It has been agreed that there is no legislation to suggest that a business needs to time record at work, but as the Advocate General and the CJEU both said, it would simply be impossible to comply with the Working Time Directive correctly without time recording. The Working Time Regulations are the UK’s interpretation of the Directive and it is clear that there is no onus on employers, to record time worked, in those Regulations either, but of course, the same reasoning applies.
What this means is that, at some point, the UK Working Time Regulations will need to be updated in order that they comply with this interpretation of the Working Time Directive
In fact most companies keep information about time off for sickness, holidays etc., what this information suggests is that we need to keep information about time on rather than simply saying that a person”must have been in, because they are not marked off as sick or on holiday”. Will this ‘new’ legislation be implemented post Brexit? Who knows, but for now we should be aware of the judgment and seriously look at the way time is recorded for staff.
For anyone interested the case notes and judgment can be found by clicking here
If you are unsure of what all this means, please call one of the employment law experts at Premier Legal on 0115 856 1625 and they will be glad to help.
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