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Employment solicitors ThomasMansfield LLP appear at Court of Appeal in Rest Break Case
Employment solicitors ThomasMansfield LLP appear at Court of Appeal in Rest Break Case
Hughes v The Corps of Commissionaires Management Ltd
Surrey,
UK,
Ukraine
(prbd.net)
01/11/2011
David Gray-Jones, Partner Solicitor-Advocate at ThomasMansfield LLP employment solicitors ( http://www.thomasmansfield.com/ ) appeared at the Court of Appeal on 8th September 2011, representing the Appellant.
The question before the Court of Appeal was the construction of Regulation 24 of the Working Time Regulations 1998 which deals with compensatory rest breaks where a worker cannot take breaks because he or she is engaged in security activities which require a permanent presence while at work. Breaching this regulation could result in employee compensation or even compromise agreement ( http://www.thomasmansfield.com/index.php/compromise-agreement ) being arranged.
The Appellant, a security guard, was required to remain on call during his rest breaks and accordingly it could not be guaranteed that he would have an uninterrupted break. He was allowed to choose when he took breaks and could start his break again if he was interrupted. He complained that this arrangement breached the Working Time Regulations 1998.
The Court of Appeal held that provided the compensatory rest in lieu of rest breaks was of adequate quality and duration it will satisfy the Working Time Regulations 1998. The judgment gives guidance on the meaning of compensatory rest.
It is a particularly important decision for employers of workers in industries such as security and the healthcare sector where workers may have to work long shifts without being able to take the rest break they would normally be entitled to under the Working Time Regulations. Employers will have to show that if workers e.g. security guards are not given a rest break then they are given compensatory rest i.e. a rest period which is as near in quality and duration to a normal rest break as is possible.
For further information please contact:
Nita Newsome
ThomasMansfield LLP
Ground Floor,
Christopher Wren Yard,
119 High Street, Croydon,
Surrey CR0 1QG
Telephone: 0845 6017756
E-mail: nita.newsome@thomasmansfield.com
Notes for Editors:
- Founded in 2004, Thomas Mansfield LLP provides first class employment law advice to both employers and individuals. The employment solicitors, London ( http://www.thomasmansfield.com/index.php?option=com_content&view=article&id=235 )based, can be reached at www.thomasmansfield.com.
- The firm has expanded rapidly over the past five years and now has 13 experienced solicitors, handpicked from top quality firms across the UK, all specialising in employment law.
- Taking an innovative approach to client service, Thomas Mansfield LLP has recently introduced the Lawyers4work scheme, a new insurance backed product which helps employers protect against the risk of employment tribunal claims, as well as providing a range of unique multi-media and e-learning training solutions.
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About
Thomas Mansfield Solicitors, winners of the Innovation Award at the Law Society’s Excellence Awards 2009, are specialists in Employment Law and can provide sound and knowledgeable advice on all legal matters regarding employment, including unfair dismissal, break of contracts and compromise agreements. For more information please visit http://www.thomasmansfield.com
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