All work and no play? Employee was entitled to guaranteed 48-hour week

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The claimant had been employed as a security guard by a security company for just more than two years. He was recruited, with another employee, to cover 102 hours at a Morrisons store in Brighton and worked principally at that store, 48 hours a week.

At the time of his appointment, the claimant was sent a statement of main terms of employment, which included a requirement for him to work at any of the company’s assignments, at varying rates of pay depending on the assignment. On hours of work, it stated: ‘Your working hours will be specified by your line manager.’

The claimant typically received a weekly text from his area manager telling him or confirming where he was to be working the following week. If he did not receive a text, he would contact the control centre and be told where he would be working the next week. As well as being based on the contract at the Brighton store, the claimant would also cover absences at other Morrisons stores. At the beginning of October 2011, Morrisons requested (as it was entitled to, under its contract with the security company) that the claimant be moved from the Brighton store…

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