Employee status

Case 3: The facts

Coal mine officials employed by UK Coal Mining had a contract term stipulating "a normal working week of 40 hours".

The officials argued that this meant that their employer could not regularly roster them for more than 40 hours.

The ruling

The High Court held that a flexibility clause in their contracts requiring them to work "according to operational needs" meant they could be required to work more than 40 hours a week, even in circumstances not deemed exceptional.

Stilgoe and Smith v UK Coal Mining Case No: HQ03X01723