Rest breaks and rest periods

New and updated

• Type:

  Employment law cases

  Case round-up

  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.

• Type:

  Employment law cases

  Case round-up

  Sinead Jones is an associate, and Phil Dupres and Beckie Howlett are trainee solicitors at Addleshaw Goddard. They round up the latest rulings.

• Date:

  18 April 2012

  Type:

  Employment law cases

  Workers found sleeping at work not asserting right to rest break

  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. 

• Date:

  10 April 2012

  Type:

  Employment law cases

  EAT asks ECJ about workers' rights to daily rest and rest breaks when continuity of service needed

  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. 

• Date:

  15 September 2011

  Type:

  Employment law cases

  Rest breaks: Court of Appeal on "compensatory rest" for lone security guard on 12-hour shift

  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. 

• Type:

  Employment law cases

  Case round-up

  Tori O'Neil, associate, and Judith Harris, legal director, at Addleshaw Goddard detail the latest rulings.

• Type:

  FAQs

  Is a worker entitled to a 20-minute rest break for each six-hour period worked?

• Type:

  FAQs

  Can workers opt out of rest breaks?

• Date:

  22 November 2008

  Type:

  Employment law cases

  Working time: Rest breaks and compensatory rest

  In The Corps of Commissionaires Management Ltd v Hughes EAT/0196/08, the EAT held that the entitlement under the Working Time Regulations 1998 to a 20-minute rest break where the working day exceeds six hours is an entitlement to a single rest break and not a rest break for every six hours worked. Where an exception means that the right to a rest break does not apply, the employer must provide compensatory rest, which should be granted at a time when the worker would otherwise be working.

• Type:

  Employment law cases

  Case of the week: Working time

  This week's case of the week, provided by DLA Piper, covers working time.