Employers must record all working time

16th May 2019

Employers must record all working time

If you attended Gotelee’s Employment Law Update at Trinity Park last month you may remember us mentioning the European Court of Justice case of Federacion de Servicios de Comisiones Obreras v Deutsche Bank SAE. The facts of this case are that a trade union brought a group action in Spain against Deutsche Bank, seeking a judgment declaring the bank was under an obligation to record the actual daily working time of its employees.

Earlier this year, the Advocate General stated that in order to comply with duties under the Working Time Directive, national law must require employers to keep records of actual time worked by workers. He commented that even though the Directive does not expressly provide for such an obligation, keeping records of hours worked is instrumental in, and essential to the attainment of the objectives which the directive pursues. Although the Advocate General’s opinion is not binding, it is usually followed by the European Court of Justice. This case is no exception – the European Court has now agreed with the Advocate General.

This judgment means that the Working Time Regulations do not properly implement the Working Time Directive into UK law, and in order to do so would have to be amended to include a requirement on employers to introduce a system for recording the actual number of hours worked by each and every worker on a daily basis. Whilst simple on the face of it, the practicalities of such an obligation are potentially very complex particularly when you consider workers who work remotely, employees whose salaries are not linked to the hours actually worked and workers who hold more than one job. Of course the impact of this decision is somewhat dependent on Brexit and any reforms the Government chooses to make if and when we do leave the EU.

Practice Areas
Business Immigration
Employment Law
Blog Posts

Unfair dismissal and permanent health insurance (PHI)


Permanent health insurance (PHI) provides employees with pay during long term sickness or incapacity.…

Read More
Upcoming Events

Managing the workforce in 2019


If you employ staff or have responsibility for HR, Gotelee Solicitor’s annual employment law…

Read More
News Posts

Are your shareholders on the same page ?


As the name indicates, a shareholders’ agreement is an agreement between the shareholders of…

Read More


"Prompt, helpful, polite and very professional service"


"This is by far the go-to firm for any issues. You are made to feel valued from the outset and they are so confident in what they do. Wouldn't recommend any other. Thank you Hugh and Max."

- Ros Jones

"The ease that we could access and speak to Pat Smith - Thank you"


"We found Rachel Dawson outstanding, polite, professional and caring."


"“ This is the second time we have used Tracey for the conveyancing to buy our new home. She is always completely approachable, she has helped us along the way with advice and useful tips that has helped lessen the stress. We have complete confidence in her and would not hesitate to recommend her to our friends and family”.  - Peter Dawes, Cater Dawes Financial Planning "


"I don't think this house sale would have pulled together without Jo's determination and expertise. Excellent!"

- MT

"I have used Tracey Laflin at Gotelee on a number of occasions and in my opinion, she is simply the most efficient conveyancing solicitor I have ever worked with. From the outset, she took the time to understand my specific business requirements and to date, she has exceeded all of my expectations."

- Dale Fiddy - Portobello Developments Ltd

"Jade made the process of buying our first home quick, easy and took the stress out of a new chapter of our lives"


"Jade Shelton was absolutely fantastic!! Professional and proactive at all times."

- JH

"I would like to say thank you for your help, support and guidance over the last two and a half years. Obviously should I need further assistance in the future I shall not hesitate to call you guys."


Please select preferred method of contact

* We will only contact you by telephone if you select this as primary form of contact. All web enquiries will be stored on our website for 30 days.