Capital Security Services Ltd v. Baldwin [2001] UKEAT 0474_01_0410 (4 October 2001)

Capital Security Services Ltd v. Baldwin [2001] UKEAT 0474_01_0410 (4 October 2001)

The normal working hours for Mr Baldwin were those actually worked (59½ and 61 hours per week), as the contract allowed for variation based on assignment, and these were not overtime but the standard pattern for his role.

Citation
[2001] UKEAT 0474_01_0410
Parties
Appellant: Capital Security; Respondent: Mr Baldwin
Jurisdiction
United Kingdom
Judgment Date
04 October 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Working Time Regulations, Holiday Pay, Normal Working Hours
Employment Law Working Time Regulations Holiday Pay Normal Working Hours

Case Brief

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Parties

Capital Security

Appellant

Mr Baldwin

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 What constitutes 'normal working hours' for the purpose of calculating holiday pay under the Working Time Regulations?

Ratio Decidendi

The normal working hours for Mr Baldwin were those actually worked (59½ and 61 hours per week), as the contract allowed for variation based on assignment, and these were not overtime but the standard pattern for his role.

Court Disposition

appeal dismissed

Orders

  • Appeal by Capital Security is dismissed.