Court of Appeal provides clarity over how rest breaks should be taken

The Court of Appeal has offered clarity over the operation of rest breaks where workers are not always able to take a continuous 20 minute break.

In Network Rail Infrastructure Ltd v Crawford [2019] EWCA Civ 269, Crawford was a railway signal controller providing relief at single-manned signal boxes. As part of his role, he had to monitor his post continuously and could be called upon at any time. He was able to take short breaks, which amounted to more than 20 minutes over the course of his shift, but he could not take one continuous 20 minute break.

Crawford brought an employment tribunal claim under the Working Time Regulations. He argued that his employer had refused to provide rest breaks. As a railway transport worker, although he was excluded from the right to an uninterrupted rest break of at least 20 minutes, his employer was required to provide him with the equivalent period of compensatory rest.

The Court of Appeal found that compensatory rest had to be equivalent but not identical to the 20 minute rest break. As Crawford was able to take several shorter breaks that added up to more than 20 minutes, there was no breach of the Working Time Regulations.

Writing for Lexology, Karen Plumbley-Jones, Managing Associate at Womble Bond-Dickinson, commented: “The Court of Appeal has provided some welcome clarity in relation to rest breaks. This decision is helpful for employers if they engage workers who fall within the special cases under Regulation 21, such as security guards and hospital, prison and railway transport workers.”

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