Under the Working Time Regulations (WTR), an adult worker is entitled to a rest break if their daily working time exceeds six hours. A rest break is a period of at least 20 minutes unpaid break which the adult worker is entitled to spend away from their workstation and should be taken within the six-hour period.
However, in some service sectors such as gas, electricity, water and transportation the above provision does not apply because workers often need to perform services continuously and in those sectors, employers need to provide an equivalent period of compensatory rest at some other time.
In the case of Network Rail Infrastructure Ltd v Crawford 2019, the Court of Appeal had to consider whether the rest break for workers in these sectors had to be taken in one uninterrupted period or whether a series of short breaks can be aggregated to amount to the requisite time.
Mr Crawford, provided relief cover at various signal boxes, working eight-hour shifts. Mr Crawford’s role was such that he was unable to take a continuous rest break of 20 minutes at any time during a shift. However, he was permitted to take short breaks which together amounted to well more than 20 minutes over the course of a shift.
Mr Crawford claimed that the arrangement was in breach of the Working Time Regulations and matter went to up to the Court of Appeal who held that adequate compensatory rest had been provided and that such rest did not have to occur in a block of twenty minutes. It restored the employment tribunal’s decision.
The Court’s approach in this case is helpful for employers and provides flexibility in ensuring that workers still obtain their compensatory rest where different kinds of rest may be appropriate in different cases.
Employer refuses break at work
On matter of damages to be recovered by an employee for breach rest breaks entitlement under WTR, the case of Grange v Abellio London Limited 2019 has provided some clarification on the matter.
Mr Grange’s working pattern at Abellio meant that he was sometimes not able to take his daily rest break. He therefore brought employment tribunal proceedings.
Having found that Abellio had failed to allow Mr Grange to take his rest breaks, the employment tribunal had to decide what compensation he should be awarded.
Compensation for any breach of the WTR should be such as the tribunal considers just and equitable and that can include financial loss, but Mr Grange had experienced no financial loss. However, having heard Mr Grange’s evidence, the tribunal found that the lack of rest breaks had given rise to an adverse impact on Mr Grange’s health and awarded him damages as a result.
On appeal, The Employment Appeal Tribunal agreed with this approach.
Although the compensation awarded was relatively modest in the sum of £750 for personal injury and this was awarded despite a lack of medical evidence but here Mr Grange was able to convince the Tribunal that he had an underlying medical condition affecting his bowel which meant he had to eat regularly, otherwise he would suffer discomfort and distress.
It is possible that in cases where significant injury has been caused, the damages award could be much more substantial thus Employers should ensure that work is organised so that employees can enjoy the daily and weekly rest breaks to which they are entitled, as well as taking their annual leave.
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The contents of this article is intended for general information purposes only.
