Your Employees And Their Rest Breaks
Is an employee required to ask for a rest break before claiming to have been refused a rest break?
No, held the Employment Appeals Tribunal (EAT) in the recent case of Grange v Abellio London.
The employee was contracted to work an eight and a half hour shift which included a half hour break for lunch. He was told that instead of taking the half an hour break he should work for eight hours without a break and leave work early.
The employee then made a claim under the Working Time Regulations that he had been refused a rest break. At first the Employment Tribunal held that as he had never asked for a rest break he had never been refused one. This decision was overturned on the grounds that the instruction to work without a rest break could count as a refusal.
What does this mean for you?
It can be deemed that you have refused a rest break if you assume that an employee is working through one. Communicate with your employees about their rest breaks and encourage them to take them at the right times.
If you have concerns regarding employee rest breaks or any other aspect of the Working Time Regulations, Talk to Tollers Employment Law team, we are HeRe For You.