The Employment Appeal Tribunal has considered if a tribunal can award compensation to an employee for injury to feelings where the employer fails to provide 20-minute rest breaks in breach of the Working Time Regulations 1998.
David Malamatenios is partner, Linda Quinn, Colin Makin and Krishna Santra are senior associates, and Dominic Speedie is an associate at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal has held that the "refusal" or "proposed refusal" of a worker to accept his or her employer's contravention (or proposed contravention) of the Working Time Regulations 1998 (SI 1998/1833) must be communicated in advance to the employer.
The Employment Appeal Tribunal has referred to the European Court of Justice the question of the extent to which employers can avoid giving workers daily rest periods and rest breaks because of the need for continuity of service or production.
The Court of Appeal has held that a lone security guard who could take a rest break during a 12-hour shift, but who had to be on call during that time and could start his rest break again if it was interrupted, was given "compensatory rest" under the Working Time Regulations 1998.
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