Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawCase lawRedundancyEmployment contracts

P&O Ferries (Bermuda) Ltd v Spencer, Employment Appeal Tribunal

by Personnel Today 29 Mar 2005
by Personnel Today 29 Mar 2005

Time on call does not always qualify as ‘hours of work’
P&O Ferries (Bermuda) Ltd v Spencer, Employment Appeal Tribunal

Spencer was employed as a ship’s master. Although he was rostered to be in command for 14 hours in a 24-hour period, he was paid on the basis of a 12-hour working day. Five hours of the 14 had to be spent on the bridge, but the remainder of time, although he was on call, was his own to allot.

A tribunal upheld Spencer’s claim that P&O, in failing to pay him for the full 14 hours, had made unlawful deductions from his wages. P&O appealed, but the Employment Appeal Tribunal (EAT) held that Spencer was entitled, under the terms of his service agreement, to be paid for the full period of his rostered command, including any time that might have been spent on short breaks during that period.

The EAT’s comments on Council Directive 1999/63/EC (Seafarers’ Working Time) were of interest. It effectively said that, in contrast to the position under the more generally applicable Working Time Directive, time spent on call does not necessarily qualify as “hours of work” under the directive (even if, in the case of the ship’s master, he or she remains in command during that period), but that time spent on short breaks, does.

Supplied by Eversheds, 020 7919 4500


Avatar
Personnel Today

previous post
Minimum wage leads to cut in hours
next post
Anyone else getting absurd expenses?

You may also like

Maternity leave: Cost of living crisis highlights need...

25 May 2022

Tube strike on 6 June to see 4,000...

24 May 2022

One in five employers planning ‘no jab no...

19 May 2022

MP demands timeline on carer’s leave legislation

13 May 2022

Prime minister steps up calls for 90,000 civil...

13 May 2022

Queen’s Speech: absence of employment bill leaves organisations...

10 May 2022

Morrisons saves 16,000 jobs with McColl’s rescue deal

10 May 2022

Queen’s Speech: Exclusivity contracts for low-paid workers to...

9 May 2022

MP seeks legal protections for employees undergoing fertility...

9 May 2022

Avoiding constructive dismissal claims (webinar)

5 May 2022
  • The Search for Talent: Six Major Employer Pitfalls PROMOTED | The Great Resignation continues unabated...Read more
  • Navigating the widening “Skills Confidence Gap” in 2022, and beyond PROMOTED | Cornerstone OnDemand conducted a global study...Read more
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+