In order to have been refused a rest break does an employee have to specifically ask for one?

Book your free initial call

    We endeavour to make an initial response to all enquiries within 24 hours but please be aware that on some occasions due to prior commitments or volume of calls we will not be able to respond in that time frame. We also operate a 48 hour return policy. This return policy means that if we have not responded with 48 hours of your initial enquiry we are unable to do so due to current workloads and we will destroy your data accordingly. This policy ensures you are not left waiting and have the certainty that your data is not compromised. In most instances however we are able to make contact within a 24 hour time frame. Please note our free initial advice service is available to clients at our total discretion and if your case is of a complex nature we may not be able to offer you a free consultation. However in these instances we will advise you what the charge would be for an initial fixed fee consultation.
  • (view our privacy statement)
  • This field is for validation purposes and should be left unchanged.

The EAT in Grange v Abellio London that the answer is no.
Under the Claimant’s contact of employment he was required to work an 8 ½ hour shift, which included a ½ an hour for lunch. The statutory minimum is 20 minutes rest break where the working time is more than 6 hours.

However, the Claimant was told by his employer that instead, he should work for eight hours without a break, and leave early.

The Claimant made a claim that he had been refused a rest break pursuant to section 10 of the Working Time Regulations 1998. The employment tribunal held that as he had never asked for a rest break he had therefore never been refused one. therefore he had never been refused one. The EAT overturned this decision. The Eat held that the instruction to work without a rest break could be construed of itself as a refusal, without an explicit request.

Written by
Edward Aston
17th November 2016