emplaw.co.uk employment law web updater summary 23 October 2008

Summary Information : The Corps of Commissionaires Management Ltd v Hughes - Rest breaks and the Working Time Regulations - EAT on 22.10.08 Mr Hughes worked as a security officer. Special "rest break" rules in Working Time Regulations 1998 reg 24 apply to security guards (by virtue of reg 21(b)). The normal rules require a 20 minute rest break every 6 hours. Under the special rules the employer of a security guard required to work for more than six consecutive hours "shall wherever possible allow him to take an equivalent period of compensatory rest". 3 issues arose in this case: is a security guard entitled (a) to a rest break for each period of 6 hours which he works or (b) is he only entitled to one rest break for however long he works in excess of 6 hours. The EAT has ruled that the answer is (b). in what manner is a security guard entitled to compensatory rest under reg 24? The EAT has ruled that it is not enough to say that a worker can rest between shifts - proper compensatory rest must be offered. Is compensation allowed for breaches which took place more than 3 months before the security guard filed his claim? The EAT has ruled that the answer is generally "no" but can go back 6 months if the statutory grievance procedures apply. See related topic on emplaw.co.uk: (subscribers); or here (non-subscribers) To continue to full item click here