We asked people to come in over a weekend, to rescue what they could from our premises after a flood. Does the time count towards the 48-hour limit?

 

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13. We asked people to come in over a weekend, to rescue what they could from our premises after a flood. Does the time count towards the 48-hour limit?

Yes. With emergencies, as with seasonal work, it is possible to extend the reference period from 17 to 26 weeks. But people who came in over the weekend would be entitled to 'compensatory rest' - that is, enough time off to ensure that they have at least one extra full day off per week, over the next two weeks. In the Jaeger case (see question 12), the European Court of Justice ruled that such 'compensatory rest' must be taken immediately after the extra work was done, but latest proposals from the European Commission would require it to be taken within 72 hours (see question one). The British government is arguing for greater flexibility where longer periods of unplanned but essential work are required, with the 'compensatory rest' being made available over the following three weeks.