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Mr D Crawford v Network Rail Infrastructure Ltd: Compensatory rest breaks
In November last year the Employment Appeal Tribunal EAT concluded that compensatory rest breaks linked to working shifts of 6 hours or more should be that as under regulation 12(1) of the WTR “an uninterrupted period of at least 20 minutes which is neither a rest period nor working time and which the worker can use as he pleases”
Extract from judgement:
“The Claimant/Appellant was a railway signalman working on single manned boxes on eight
hour shifts. He had no rostered breaks but was expected to take breaks when there were
naturally occurring breaks in work whilst remaining “on call”. Although none of the individual
breaks lasted 20 minutes, in aggregate they lasted substantially more than 20 minutes.
He claimed that he was entitled to a 20 minute “rest break” under regulation 12 of the Working
Time Regulations 1998 or “compensatory rest” under regulation 24(a). The Employment
Tribunal found that regulation 12 did not apply and that the arrangements were compliant with
regulation 24(a).
He appealed on the basis that “an equivalent period of compensatory rest” must comprise one
period lasting at least 20 minutes. The appeal succeeded in the light of Hughes v The Corps of
Commissionaires Management Ltd [2011] EWCA Civ 1061 (in particular the judgment of
Elias LJ at paragraph 54)”.
For the full judgement please go to : https://assets.publishing.service.gov.uk/media/5a4b8974e5274a52034f0b5e/Mr_D_Crawford_v_Network_Rail_Infrastructure_Ltd_UKEAT_0316_16_BA.pdf
If requiring advice regarding compensatory rest, please contact your Advisor
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