
A group of Anthony Collins Solicitors (ACS) experts from across our various client sectors have gazed into their crystal ball and given us a view on how 2021 is looking.
The Law
The Working Time Regulations provide workers with the following rest periods and breaks unless they are excluded workers or exempt:
The provisions entitling workers to 11 hours rest per day and 24 hours rest per week (or 48 hours per fortnight) do not apply for either of the following:
Should workers be exempt, “compensatory rest” will usually have to be given – i.e. if a worker is required to work during a period that would otherwise have been a rest period or rest break, the employer "shall wherever possible, allow [the worker] to take an equivalent period of compensatory rest, and in exceptional cases in which it is not possible, for objective reasons, to grant such a period of rest, [the] employer shall afford [the worker] such protection as may be appropriate in order to safeguard the worker's health and safety."
Facts
South Yorkshire Fire and Rescue Authority (the Authority) operated a shift pattern at some fire stations known as "close-proximity crewing" (CPC), which involved a four-day shift of being on call at night. Under the Working Time Regulations, the time spent waiting or "on call" at the workplace, or at another place chosen by the employer, counts as “working time” and therefore both the daytime working and the CPC counted as working time, amounting to a continuous period of 96 hours working time. The Fire Brigade Union (the Union) brought an application for judicial review arguing that the CPC breached rest entitlements under the Working Time Regulations.
The Authority admitted that the CPC shift pattern breached the right to a daily rest period of 11 consecutive hours in each 24-hour period of work, but argued that the shift worker exemption applied.
Judgement
The court found that CPC involved one continuous shift and that therefore it could not be argued that the workers could not take a break between their shifts, i.e. between the end of one shift and the start of the next. Furthermore, the Authority had failed to offer the necessary compensatory rest.
Commentary
This case is another reminder that the employers’ obligations are under the Working Time Regulations regarding allowing workers rest periods and the fact that Courts are not sympathetic to employers seeking to argue an exemption under the Regulations.
We have advised a significant number of clients in both the social care sector and the housing sector on structuring their live-in care, sleep-in and on-call arrangements to ensure compliance. For a further briefing on this issue, please click here.
If you require assistance with your working practices, please get in touch with your usual contact in our Employment Team or speak to Anna Dabek.
A group of Anthony Collins Solicitors (ACS) experts from across our various client sectors have gazed into their crystal ball and given us a view on how 2021 is looking.
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