Grange v Abellio London Ltd

Employment – Working time. The Employment Appeal Tribunal (EAT), in allowing the employee's appeal against the dismissal of his claim that he had been denied his entitlement to a 20 minute uninterrupted rest break, considered an important question as to the correct construction of a worker's entitlement to a rest break under reg 12(1) of the Working Time Regulations 1998, SI 1998/1833 (the Regulations). The EAT held that the employment tribunal had erred in that its reasoning had followed the wrong approach in authority, which held that there had to have been an actual refusal of a request to exercise the right to a rest break to given rise to legal liability under the Regulations. The approach another authority was to be preferred. Accordingly, the case was remitted for determination.

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