Updated to include information on Pazur v Lexington Catering Services Ltd, in which the EAT considered if a worker had refused to comply with a requirement imposed in breach of the Working Time Regulations 1998.
In Pazur v Lexington Catering Services Ltd, the Employment Appeal Tribunal held that a kitchen porter had been subjected to a detriment when he was threatened with dismissal after he refused to return to work following a breach of his right to a rest break.
In Hallett v Derby Hospitals NHS Foundation Trust, the Court of Appeal held that an NHS trust's use of commercial software to monitor rest breaks results in a breach of junior doctors' terms and conditions of service.
Updated to include information on Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, in which the ECJ held that EU law means that Spanish legislation should require employers to set up a system to record workers' actual daily working time.
In Network Rail Infrastructure Ltd v Crawford, the Court of Appeal held that, under reg.24 of the Working Time Regulations 1998 (SI 1998/1833), a compensatory rest period need not consist of an uninterrupted 20 minutes provided that it has the same value in terms of contributing to the worker's wellbeing.
The Court of Appeal has ruled that there is no reason why a rest break should be uninterrupted in certain industries, overruling a previous decision in the Employment Appeal Tribunal.
In Santos Gomes v Higher Level Care Ltd, the Court of Appeal held that compensation for injury to feelings is not available in a claim under the Working Time Regulations 1998 (SI 1998/1833) for a failure to provide 20-minute rest breaks..
In Crawford v Network Rail Infrastructure Ltd, the Employment Appeal Tribunal (EAT) held that, as far as possible, compensatory rest must comprise a continuous 20-minute rest break, not an aggregate 20 minutes of shorter breaks.
In this Portuguese case, the European Court of Justice (ECJ) has held that the weekly rest period of 24 hours may be granted on any day during each seven-day period, and not necessarily the day following six consecutive working days.
HR and legal information and guidance relating to rest breaks and rest periods.