Working Time Regulations - Daily Rest

by Liam

In Miles v Linkage Community Trust Limited, the EAT have held that employers do not infringe the Working Time Regulations in failing to give employees a daily rest break of 11 hours duration unless and until the employee objects to the failure to give such a break. Once the employee asserts his right to the break and is declined that right, the employer infringes the Working Time Regulations.  

In Miles, the Tribunal held, and the EAT agreed, that it is possible for no award to be made even though a finding of breach of the regulations had been made.  

This decision does seem to remove the teeth from the WTR, although as long as the Tribunal has a discretion to make an award (which it does) this should prevent flagrant breaches of the regulations.

This entry was posted on Friday, May 9th, 2008 at 9:16 pm and is filed under Working Time Regs. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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