You may have heard on the radio or read in the weekend papers that a policeman in Germany has been awarded 7 extra days holiday a year after complaining to a court that changing into his uniform every day amounted to work.
The policeman, Herr Schauder, claimed it took him 15 minutes to put his uniform on every day and a further 15 minutes to take it off. This adds up to 45 hours every year. The court agreed that this time constituted 'work' and has ordered his employers to count this time as overtime or award additional holiday. What path does this now lead us down in the UK?
It could impact on how decisions are made in future - a threshold for the types of clothing which must be worn and how long it should take someone to get dressed could be included in an employment contract. But thresholds will be very difficult to work out. Will it extend to air hostesses in applying makeup for instance? Lifeguards in getting undressed for work? Or what about workmen lacing up their safety boots and donning their hardhats?
This decision will most likely impact upon police forces across Germany immeadiately and it is quite possible it could extend to the UK. The decision has not been appealed yet, but should it reach the European Courts for a determination, the UK may also be compelled to offer the same flexibility, holiday or overtime.
Although the judgment is still awaiting confirmation, the case highlights the requirement for employers to give due consideration to what employees should and should not be expected to undertake as part of their job and normal duties. Many of these issues can be resolved in a detailed and up to date contract of employment.
For further information on employment contracts and all elements of employment law, please contact 0114 266 6660
