Prestige 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 refused – appeal allowed and award set aside – Miles v Linkage Community Trust [2008] IRLR 602 followed.
Unlawful deduction from wages – no satisfactory finding as to terms of contract – appeal allowed and case remitted.

Judges:

Richardson J

Citations:

[2012] UKEAT 0015 – 12 – 1105

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedP 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 . .
CitedHampson v Department of Education and Science CA 1989
Balcombe LJ said: ‘In my judgment ‘justifiable’ requires an objective balance between the discriminatory effect of the condition and the reasonable needs of the party who applies the condition.’ The task of the Tribunal hearing such a complaint is . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 03 November 2022; Ref: scu.462439