The Industrial Cases Reports
[2005] ICR 673
Court of Appeal
Gallagher and others
v
Alpha Catering Services Ltd (trading as Alpha Flight Services)
[2004] EWCA Civ 1559
2004 Nov 8
Peter Gibson, Buxton and Jacob LJJ
Employment
— Working time provisions
— Excluded sectors
— Activities connected with provision of meals to aircraft between flights
— Whether involving “need for continuity of service”
— Whether routine increase in activity “surge of activity”
— Whether rest break provision excluded
— Whether period when employees not doing work but at employer's disposal “rest break”
—
Working Time Regulations 1998 (SI 1998/1833), regs 12(1)(3), 21(c)(d)
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