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O'Brien was distinguished in this case on the basis that it involved EU derived rights, which was not the case here. In rejecting the argument that a contract existed, the judge held that the test was not whether there had been offer, acceptance, consideration and intention to create legal relations, because those concepts may be features of an office as well as contractual requirements.
The primary question involves determining the source of the legal relationship and whether it is contractual or not. Here it was not.
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Working Time Regulations and rest breaks 18 November 2016
Is an employee required to ask for a rest break before claiming to have been refused a rest break?
No, held the EAT in Grange v Abellio London
The Claimant was contracted to work an eight and a half hour shift, which included a half hour break for lunch. He was told that, instead, he should work for eight hours without a break, and leave early.
The Claimant made a claim based on section 10 of the Working Time Regulations that he had been refused a rest break, but the employment tribunal held that he had never asked for a rest break and therefore he had never been refused one. The EAT overturned the decision on the grounds that the instruction to work without a rest break could be construed as a refusal, without an explicit request.
The EAT disapproved the reasoning of the leading authority of Miles v Linkage Community Trust , and preferred instead the conclusion from the unreported case of Scottish Ambulance Service v Truslove.
With thanks to Daniel Barnett’s employment law bulletin which provided the details of this case.
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Older candidates can be excluded when recruiting police officers for operational duties 21 November 2016
The CJEU has ruled that it is not discriminatory to impose an age limit when recruiting officers for operational duties.
EU law allows a police force to impose an age limit when recruiting officers for operational duties, the Court of Justice of the European Union (CJEU) has said.
The CJEU, Europe's highest court, had been asked to rule on a dispute between the Basque Police and Emergency Services Academy in Spain and an applicant for a role. The Academy had stated that applicants should be under 35 years of age, but the applicant argued that this was discriminatory as there were no reasonable grounds for the restriction. In its judgment the CJEU said that under the EU directive on equal treatment in employment and occupation "a difference of treatment based on age is not to be regarded as discrimination where a characteristic related to age, such as the possession of particular physical capacities, constitutes a genuine and determining occupational requirement". The duties of a police officer relating to protecting people and property, arresting and guarding offenders and preventative patrolling may require "a particular physical capability in so far as physical inadequacies in the exercise of those duties may have significant consequences not only for the police officers themselves and third parties but also for the maintenance of public order", the CJEU said.
The rank for which the competition was organised is not involved in administrative tasks, the Court said. A separate recruitment process, involving no age limit, is used for that type of work, it said.
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