Grange v Abellio London Ltd [2016]

Posted In: Case Law
  • Decision Number
    UKEAT 0130_16_1611
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Working Time
Issues covered: Working Time Regulations; Rest Breaks; Refusal

Most adult workers are entitled to a minimum 20 minute daily rest breaks under the Working Time Regulations, which derive from the Directive. For most employees, such daily rest breaks will mean a lunch break of at least 20-30 minutes. But does the worker have to request such a break to be 'refused' or denied their right to a break? Not according to the EAT in this case.

Prior to July 2012, the Claimant had an eight and a half hour working day, paid for eight hours, with the intention that he take a half hour unpaid lunch break (although the nature of his work meant that this could be difficult to fit into the working day).  On 16 July 2012, the Respondent emailed the Claimant

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This article is correct at 25/11/2016

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