Illegality And The Working Time Regulations

A recent Tribunal decision considered the case of an employee dismissed for working in breach of Working Time Regulations.

With the current cost of living crisis, workers across the UK are working as many hours as possible to maximise their earnings, particularly where their pay directly relates to the hours worked. There are of course key requirements in the Working Time Regulations (WTRs) impacting on how many hours workers can work, including a maximum working week of 48 hours and minimum rest breaks.

The 48-hour working week can be opted out of by workers, but the mandated rest breaks cannot. The WTRs apply regardless of whether a worker has one or multiple employers and places obligations on employers to ensure the rest rules are not exceeded. However, employers invariably rely on workers reporting their working hours accurately to comply with their obligations under the WTRs.