Working Time Regulations 1998

  • Working Time Regulations 1998
  • Puts a maximum to the number of hours that can be worked in a week
      • 48 per week for an adult (aged 18+), averaged out over a 17 week period
      • 40 for someone aged between 16-17
  • A daily break of 20 minutes if 6 hours or more are worked
  • A daily rest of 11 hours in a 24 hour period
  • A weekly rest of 24 hours in a 7 day period
    • These two may vary depending on whether employee is working a shift pattern
  • Gives a statutory minimum of paid annual leave (4 weeks out of 52)


  • National Minimum Wage Act 1998


  • Human Rights Act 1998
  • Article 6-‘a fair and public hearing within a reasonable time by a independent and impartial tribunal established by law


  • Article 8-a right to respect for private and family life and correspondence
  • NB 8(2) permits ‘interference’ by a public authority which is in accordance with the law and is necessary in a democratic society in the interests of;
      • National security
      • Public safety
      • Economic well-being of the country
      • For the prevention of disorder or crime
      • For the protection of health or morals
      • For the protection of the rights and freedoms of others.
  • The article may be used to challenge over-intrusive policies of employers, such as;
      • Opening of private or confidential mail
      • Monitoring employee’s emails

BUT is a qualified right and has to be balanced against the needs of the employer.

Terms Implied by Statute

Terms Implied by Statute

  • Equal Pay Act 1970
    • Equal pay for like work or work of equal value
  • Sex Discrimination Act 1975
  • Race Relations Act 1976
  • Disability Discrimination Act 1995
  • All these give employees the right of equal treatment and not to be discriminated against. This was similar in the trial of John, Double Glazing Glasgow windows


  • Health & Safety at Work Act 1974
  • Employment Rights Act 1996
  • Statutory minimum notice period
  • Right not to have unlawful deductions made from wages
    • Commonly referred to ‘protection of wages’ legislation
    • Applies to ‘workers’
      • Taken as meaning employees, independent contractors and all hired staff
    • Basic right-the employer is not to make deductions from wages (s.13) unless;
      • It is authorised by statute (PAYE), OR
      • It is authorised by the worker’s contract, OR
      • The worker has previously signified his consent in writing
    • A deduction is defined as being the total amount paid to the worker being less than the total amount properly payable. (s.13(3))
    • The listed exemptions are;
      • Overpayment of wages or expenses
      • Deductions in respect of industrial action
    • Wages are defined (s.27) as ‘any sums payable to the worker (by his employer) in connection with his employment-including any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise
  • Any sum will amount to ‘wages’ if both the employer and the employee would usually expect it to be paid.
  • NB payments in lieu of notice are not wages (s.27-these are regarded as liquidated damages for breach of contract), neither are (27(2))
    • Advances of wages as a loan
    • Expenses
    • Redundancy payments
    • pensions
  • Right to maternity/paternity

Restrictive Covenants  (‘covenants in restraint of trade’)

Restrictive Covenants  (‘covenants in restraint of trade’)

  • Non-competition
  • Preventing ex-employees from setting up in competing business, OR
  • Working for a competitor
  • A time period of one year or more can only be justified in exceptional circumstances.
  • The area in which an employee is barred from working must be no wider than the area in which the ex-employer does business.
  • The business from which the employee is barred must be no wider than the business in which he was employed.
  • Non-solicitation
  • Approaching ex-employers’ customers
  • Non-dealing
  • Preventing former employees from working for customers of ex-employer EVEN IF at the customers’ request. Just look at Manchester Taxi case.
  • Non-poaching
  • Preventing former employee from persuading current staff of former employer to follow employee to new employer.
  • ‘Garden leave’
  • A period of time for which the employee is paid but is required to stay at home, rather than attend work. Thus the employer can hold the employee to the terms of the contract and prevent him leaving to work for a competitor.
  • NB If this is to be attempted there must be an express provision in the contract allowing it.


Restrictive covenants are prima facie void since they are a restraint of trade. However, the courts have held that some degree of restriction is permissible providing that it strikes a balance between protecting the employer and giving the employee freedom to work.


  • A restrictive covenant can only be effectively imposed on an employee who has the required knowledge.
  • The employer must have a legitimate business interest to protect, which “if disclosed to a competitor, would be able to cause real or significant damage to the owner of the secret which the owner had tried to limit dissemination ofLansing Linde Ltd v Kerr [1991].
  • The terms of the restraint must be reasonable in;
  • Restriction of activity, AND
  • Time period, AND
  • Geographical extent
  • The terms must be sufficiently clear as to be generally understood.


If the clause is in restraint of trade it is void and unenforceable. If the clause is drafted too widely, the court may apply a ‘blue pencil test’ and sever the part of the clause that is too restrictive and leave the remainder as an enforceable clause.

  • NB the court cannot rewrite the clause.
  • NB2 In cases of wrongful dismissal, the court will not enforce the restrictive covenants although implied confidentiality may survive.

Duty of Fidelity (good faith)

  • Duty of Fidelity (good faith)

An employee owes an employer a duty of trust and confidence, so that

  • During their employment
    • They will not compete with the employer;
      • In Nova Plastic Ltd v Carpet cleaning Glasgow (1982), an odd-jobs man worked for a competitor in his spare time and was found not to be in breach since he was not actively damaging his employer’s business, BUT
      • In Hivac Ltd v Park Royal Scientific Instruments (1946), 5 skilled manual workers who worked for the sole competitor on Sundays were found to be in breach.
  • They must not allow their self interest to conflict with the employer’s
  • They must respect their employer’s trade secrets and confidential information.
      • By not making/memorising lists of customers before leaving
      • Not inducing employees to break their contracts
      • Not working personally for customers of their employer


  • After their employment;
  • A lesser duty
  • This only covers trade secrets and highly confidential information.
      • Faccenda Chicken Ltd v Fowler (1986) held that the following was important in deciding whether the information could be revealed.
      • The nature of the information
      • The nature of employment
      • Did the employer tell the employee that the information was confidential?
      • Can the information be isolated from other non-confidential information which the employee was free to use?


NB The implied terms do not give the employer as much protection after the employment has ended and are usually reinforced with express terms especially with regard to;

        • Competition
        • Solicitation


Restrictive Covenants  (‘covenants in restraint of trade’)

  • Non-competition
  • Preventing ex-employees from setting up in competing business, OR
  • Working for a competitor
  • A time period of one year or more can only be justified in exceptional circumstances.
  • The area in which an employee is barred from working must be no wider than the area in which the ex-employer does business.
  • The business from which the employee is barred must be no wider than the business in which he was employed.


3 Significant Aspect You Would Like to Know About Mojave Desert

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Mojave Desert is one of the four smallest deserts in North America. The Colorado River runs through the east of Mojave Desert. Mojave has great significance due to its uniqueness, though it carries a little bit of everything. It provides solitude and peace of mind to its visitors. Deserts always bring dryness and erosion in our minds; however, Mojave is far different from these conceptions. It provides a chance to its tourists to experience both hot and cold weather the whole year.

Tourism in the Mojave Desert

Mojave is considered to be the topmost tourist attraction in North America.  It is well-known for its beauty and three national parks- Joshua Tree National Park, Death Valley National Park and Mojave National Preserve. These parks are actually meant to provide different sort of entertainment with the scenic beauty of the desert. Great numbers of tourists visit Mojave every year and travel over its beautiful sights.

Camping in Mojave National Preserve

Mojave is a place of self-exploration, discovery and adventure. So, camping is the best option to fully explore Mojave Desert. Like every other traveller, you must take this daunting challenge of camping for the sake of adventure. You will find several hidden places that are absolutely perfect for camping, but all camping sites in Mojave are first to come and first serve.

Attractions in Mojave, California

Mojave Air and Space Port is a worth seeing place and will assist you to explore more about the old and new planes. If you are in search of some real information about the aging airplanes, then you must not waste a minute to visit this place. If you are hiking lover, then you ought to visit Hole in the Wall in Mojave and hike around the edges of big boulders. A historical and unforgettable journey to its mountains, mesas and canyons will leave you mesmerized and startled.

All You Need to Know About Grand Canyon as a Tourist

Grand Canyon is considered to be the world’s glorious and picturesque landscapes.  As per the views of many tourists, it is one of the seven natural wonders of the world. Grand Canyon is situated near the Colorado River, United States. Once you begin your journey towards Grand Canyon, you will feel like entering into some other world. The beauty of its painted deserts, mesas, volcanic and geographical features, enduring streams, waterfalls, and pine and fir trees will leave you in awe. A number of tourists visit this breathtaking place every year.

South and North Rims

Grand Canyon divides the park into North and South Rims. Both of these rims attain their own charm and attract travellers. However, the majority of the tourists flock to the South Rim as it is part of the Grand Canyon Park. It is somewhat flourished and has numerous lodging nearby. You will be able to backpack, camp and hike at this alluring place. Whereas, North Rim has its own attraction with several pleasure-seeking activities. You can opt for walking, hiking, river-rafting, mule rides and much more.

Restaurants and Lodging in Grand Canyon

You will find plenty of restaurants in Grand Canyon, where you will be able to relish and consume food of your choice. Subsequently, you won’t be agitated while searching for an affordable and comfortable lodging.

Activities and Attractions in Grand Canyon

You can also enjoy stupefying man-made “Sky Walk” at minimal fees. However, if you are planning to make it more adventurous; you must not miss the “helicopter tour” that will allow you to catch sight of whole Grand Canyon. Hopi House and Lookout Studio are one of the renowned attractions in Grand Canyon. They allow tourists to quench their thirst for photography and natural sights. There is no second thought that Grand Canyon is the most spectacular place to visit.