2. Adult Worker cannot be forced to work
more than 48 hours on average
Average is taken over 17 weeks
An employee is allowed to opt out of the 48
hour week
3. Rest Breaks short rests during
the day e.g. lunch or tea break
Daily Rest the break between finishing
one days work and starting the next day
Weekly Rest whole days where the
employee does not attend work
4. When calculating the average working
hours undertaken, it is normally averaged
over a reference period of 17 weeks. This
can be extended as long as the whole
workforce is in agreement.
This average should include any overtime
that an employee has worked.
In the former case, it stated that the equal pay claim must have been in existance at the time of the transfer. The transferee has no obligation to put you on better benefits than you were enjoying before. There is a time llmit of 6 months from the date of transfer I would still advise you to be careful in the long run In the second case, preserving an employees TUPE rights, 2 years on, was a valid defence to an equal pay claim