Grange v Abellio London Ltd Posted In: Case Law
Decision NumberUKEAT 0130_16_1611
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionWorking Time and Leave
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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