What happens if the employer fails to comply with the Working Time Regulations 1998?
Workers who are denied statutory rest breaks or holidays, in breach of the Working Time Regulations 1998 (SI 1998/1833), may complain to an employment tribunal. Should the complaint be upheld, the tribunal will make a declaration to that effect and may order the employer to pay compensation. Workers may not be dismissed or selected for redundancy, or subjected to any other detriment, for challenging their employer's refusal or failure to acknowledge their working time rights or for bringing proceedings before a tribunal or court.
Requiring any worker who is covered by the Regulations to work excessively long hours could lead to prosecution and a fine of up to £5,000 on summary conviction (or an unlimited fine if convicted on indictment). Any worker or other person injured as a consequence of an employer's negligence in failing to provide safe and healthy working conditions may sue for compensation in the ordinary courts. An employer that fails to offer free health assessments to night workers may be fined up to £5,000 on summary conviction (or an unlimited fine if convicted on indictment).