Forth Valley Health v Campbell [2021]

The claimant was employed as a Phlebotomist with the Respondent between 2nd April 2018 and 27th July 2020.   With regard to working hours in the Respondent organisation, full-time employment equated to 37.5 hours; the claimant did not work those hours and was therefore regarded as a part-time worker under the regulations.  

The issue in this case related to a ‘complimentary’ 15 minute break for certain shifts of at least six hours.   The claimant worked 16 hours per week and the shift patterns were different.  Generally during weekdays, the claimant would do four hour shifts with a six hour shift at the weekend.   The claimant received the break