UK: Working time - employers must ensure that workers can take rest breaks

Employers should review their working arrangements to ensure they allow workers to take their statutory rest breaks.

Rejecting earlier conflicting EAT authority, the EAT in Grange v Abellio took a purposive approach to the Working Time Regulations in ruling that a worker can bring a claim for denial of their right to a rest break, despite the worker not having made an explicit request for a break which was refused, if the arrangements in effect prevent the worker from exercising their entitlement. This can be contrasted with the position where the worker is able to take a break but chooses not to for their own reasons – employers are not required to force an employee to take a break.