Working Time: Compensation For Failure To Provide Rest Breaks

THE FACTS

Mr Grange was employed by Abellio London Ltd, initially as a bus driver, then as a worker who monitored and regulated bus services. He claimed that Abellio had refused to allow him to take the twenty minute rest break to which all workers working for longer than six hours are entitled. His claim was initially unsuccessful, and he appealed to the EAT. The EAT upheld his appeal, holding that an employer does not have to actively refuse a request to be in breach of its obligations: denial of the right to the rest break can take place through the arrangement of the working day. His claim was remitted to the employment tribunal which held that Abellio was in breach of its obligation to provide rest breaks to Mr Grange in respect of a period of 14 days.