P Miles v Linkage Community Trust Limited: EAT 10 Mar 2008

EAT Working Time Regulations
Under WTR Reg 30(4), an Employment Tribunal did not err when it upheld the Claimant’s case for breach of Reg 24 on loss of compensatory time yet awarded no compensation. It considered relevant factors and the employer’s default. The period of time of the default runs from the date of the actual refusal of the employer to permit the exercise of the right, and does not begin on the day the employee takes up employment on that working pattern.

Judges:

McMullen QC J

Citations:

[2008] UKEAT 0618 – 07 – 1003, [2008] IRLR 602

Links:

Bailii

Cited by:

CitedPrestige Nursing Ltd v Carter EAT 11-May-2012
EAT WORKING TIME REGULATIONS
UNLAWFUL DEDUCTION FROM WAGES
Daily rest and weekly rest periods – not alleged by Claimant that there had been any attempt to exercise the rights which the Respondent had . .
FollowedCarter v Prestige Nursing Ltd EAT 11-May-2012
EAT WORKING TIME REGULATIONS
UNLAWFUL DEDUCTION FROM WAGES
Daily rest and weekly rest periods – not alleged by Claimant that there had been any attempt to exercise the rights which the Respondent had . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 15 July 2022; Ref: scu.267950