Is an Employee Required to Request a Rest Break Before Claiming Their Entitlement Has Been Refused by Their Employer?
No, held the Employment Appeal Tribunal (EAT) in Grange v Abellio London Ltd, overturning the decision of the tribunal.
The EAT Judge held that employers must do more than merely permitting the taking of rest breaks, and must 'proactively ensure working arrangements allow for workers to take those breaks.'
The Facts
From 2009, Mr Grange was contracted by Abellio London Ltd (Abellio) to work an eight and a half hour day, which included an unpaid half hour lunch break. In reality however, it was difficult for Mr Grange to take this half hour break during his working day.
From mid-July 2012, Mr Grange's working day was changed to an eight hour day, and he was told that he should instead work for eight hours without a break and then leave half an hour early.
Mr Grange brought a claim in the tribunal claiming that throughout different periods of his employment with Abellio, he had been denied his entitlement to a rest break.
The Tribunals' Decisions
The tribunal dismissed his claim, holding that he had never requested a rest break, and therefore he had never been refused one by his employer.
The EAT overturned this decision. The judge held that, whilst workers cannot be forced to take rest breaks, employers needed to be proactive in ensuring that workers were enabled to take rest breaks during their working day. If an employer puts into place working arrangements that fail to allow the taking of a 20 minute rest break, a worker's entitlement to a rest break will be deemed to have been refused if the employee brings a claim in the employment tribunal.
Best Practice
This case highlights the balancing act for employers of encouraging employees to take rest breaks, without forcing them to do so. In practice, many workers in high-pressured environments will choose not to take rest breaks and will not seek to complain to their employer that this right has been denied.
However, as this case demonstrates, this will not be a defence for an employer if an employee later complains and seeks to enforce their rights. Employers should ensure, as far as is possible, that working arrangements afford workers the opportunity to take a rest break should they wish to do so.