Truslove & Anor v Scottish Ambulance Service (Working Time Regulations) [2014] UKEAT 0053_13_0804 (08 April 2014)

Truslove & Anor v Scottish Ambulance Service (Working Time Regulations) [2014] UKEAT 0053_13_0804 (08 April 2014)

Where employees are contractually required to be present at or within a narrowly defined area determined by the employer and are subject to immediate response requirements, the time spent on call is working time under the Working Time Regulations, as the employees' time is not their own and they cannot enjoy the...

Source-derived case information.

Citation
[2014] UKEAT 0053_13_0804
Parties
Appellant: Mr Truslove; Appellant: Ms Wood; Respondent: Ambulance Service (unspecified)
Jurisdiction
United Kingdom
Judgment Date
08 April 2014
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed; Employment Tribunal decision reversed.
Legal Topics
Working Time Regulations, On Call Duty, Rest Periods, Employment Rights
Employment Law Labour Law Working Time Regulations On Call Duty Rest Periods Employment Rights

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Parties

Mr Truslove

Appellant

Ms Wood

Appellant

Ambulance Service (unspecified)

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

  1. 1 Whether time spent by ambulance paramedics on call away from home counts as working time under the Working Time Regulations

Ratio Decidendi

Where employees are contractually required to be present at or within a narrowly defined area determined by the employer and are subject to immediate response requirements, the time spent on call is working time under the Working Time Regulations, as the employees' time is not their own and they cannot enjoy the quality of rest intended by the Regulations.

Court Disposition

Appeal allowed; Employment Tribunal decision reversed.

Orders

  • Time spent by the claimants on call away from home is to be treated as working time under the Working Time Regulations.