Previously, in the case of CCOO v Deutsche Bank SAE the ECJ held in 2019 that all member states had to set up an “objective, reliable and accessible system” for measuring the daily working time of employees. This was binding at the time on the UK however there has been non-compliance with the ruling and this is seen as commonplace.

Even though noncompliance to CCOO v Deutsche Bank SAE has been commonplace, the Government has now stated they will remove the effect of this case decision from the 1st of January 2024. The Government will update the Working Time Regulations 1998 (WTR 1998) to clarify this.

From this date there will now no longer be a requirement to set up an “objective, reliable and accessible system” for measuring the daily working time of employees.

Employers will just have to keep ‘’adequate’’ records in compliance with the amended WTR 1998. Records can be in ‘’such manner and format as the Employer reasonably thinks fit’’. Employers will no longer need to record each worker’s daily working hours providing the employer can show compliance to the WTR 1998 without the need for doing so.

Employers will need to show that they have complied with:

• Weekly working limit of 48 hours
• Opt-out agreements
• Length of night work
• Health assessments for night workers

If you require any advice on how to maintain your records to comply with this, please do not hesitate to contact a member of our team.