The claimant worked for Network Rail as a signalman. He claimed that his employer failed to provide him with "rest breaks" or alternatively "compensatory rest" under the Working Time Regulations 1998 (WTR).

The signals he worked with required continuous monitoring and he was, in practice, able to take short breaks during his working hours. During a typical eight-hour shift the claimant enjoyed breaks which cumulatively amounted to substantially more than the 20 minutes rest break provided for in the WTR. During day-time shifts, however, a continuous 20 minute break was not possible, and he was always required to be on call. The WTR (NI) entitle a worker to at least 20 minutes break if working a 6 hour shift