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The plain reading meaning of "in the course of" is not the case law, though, it has established precedent - and most of that favoured the employers in question.
by ealexhudson 5y ago
The plain reading meaning of "in the course of" is not the case law, though, it has established precedent - and most of that favoured the employers in question. I don't know of a case that took into account "personal time" as being relevant, and most salaried employees are not paid on the basis of hours worked.
The typical contractual language does go beyond the established case law, but not by as far as you seem to suggest.
- DoingIsLearning 5y ago> most salaried employees are not paid on the basis of hours worked In my experience salaried IC's in the UK are explicitly contracted for 40 hour weeks, excluding pensions, bonus, shares, etc. It is only when you get on managerial tracts and C-Level that you have some form of hours exemption which means no OT and that implicitly you 'could' work 24/7.
- ealexhudson 5y agoThe vast majority of contracts opt out of the working time directive, and the stated hours are about reasonable expectation - not contracted hours.
- skywal_l 5y agoI don't know about that. "in the course of employement" is used for various things. For example, if you get injured "in the course of employement", would that include if you fall from your bike on a sunday ride? I don't think so. So I believe it naturally exclude work that you do on your own time, in your house, on your computer.