Howlett v Royal Mail Group Ltd (Health & Safety) [2014] UKEAT 0368_13_2801 (28 January 2014)

Howlett v Royal Mail Group Ltd (Health & Safety) [2014] UKEAT 0368_13_2801 (28 January 2014)

The appellant is only entitled to be paid for time off given during the normal working week (Monday to Friday) for health and safety representative duties; entitlement does not extend to voluntary Sunday overtime, which remains available to him as an engineer if he chooses to work it.

Citation
[2014] UKEAT 0368_13_2801
Parties
Appellant: Mr Howlett; Respondent: Royal Mail
Jurisdiction
United Kingdom
Judgment Date
28 January 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Safety Representatives, Overtime Pay, Interpretation of Regulations
Employment Law Health and Safety Safety Representatives Overtime Pay Interpretation of Regulations

Case Brief

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Parties

Mr Howlett

Appellant

Royal Mail

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether a full-time health and safety representative is entitled to be paid in lieu of Sunday overtime under Schedule 2 to the Safety Representatives and Safety Committees Regulations 1977.

Ratio Decidendi

The appellant is only entitled to be paid for time off given during the normal working week (Monday to Friday) for health and safety representative duties; entitlement does not extend to voluntary Sunday overtime, which remains available to him as an engineer if he chooses to work it.

Court Disposition

Appeal dismissed