Skip to main content

Insight article

December 12, 2016

How employers can say no, without saying a word

Employers juggling their workload need to ensure workers can take their rest breaks.

The warning comes after an employer was found to have failed to take the necessary steps to facilitate rest breaks despite the employee not having made any specific request.

The case was brought by an employee who was running a roadside traffic management system. He argued that he had been denied his legal entitlement to rest breaks under the Working Time Regulations 1998.

The job with Abellio London Ltd involved regulating bus services to match road traffic conditions. Mr Grange, the employee, had a working day of 8.5 hours, including a half-hour lunch break. When it proved difficult for him to take a break because of the nature of the job, his employer changed his working day to 8 hours. The idea was that he would work without a break but finish half an hour earlier.

All workers are entitled to a 20-minute rest break after six hours of working under the Working Time Regulations, and if the entitlement is breached, an employee can make a claim if the employer ‘has refused to permit him’ to exercise the right. The key question, which took Mr Grange’s case to appeal, was whether an employee could make such a claim when he had not actively requested the break and so had not received a direct refusal from the employer.

Although the Employment Tribunal first held that there had to be an actual refusal of a request, the Appeal Tribunal held that workers should be positively enabled to take breaks by the employer.

In making the decision, the Employment Appeal Tribunal highlighted that minimum rest periods are essential for protecting health and safety. It said there should be no distinction between entitlements and obligations.

Employment expert Karen Cole said:

“The important thing to take away from this is that employers should not wait for rest breaks to be requested, instead they must be proactive in making sure that working arrangements enable workers to take those breaks. Otherwise, where the arrangement of the working day makes it difficult or prevents workers from taking a break, this may be taken as a denial of a right.”

She added:

“It’s important to have a clear policy, and to make sure that everyone in the company knows and understands how to take their break. This is particularly relevant to employers in sectors where employees often work long shifts and it is difficult to stop and take a break, such as social care, where continuity of care is vital. But it is equally important that all employers take it into account at busy periods, such as the run up to the Christmas holiday, and make sure that workers can take the required rest breaks, even if they choose not to.”

For more information, call Karen Cole from our employment team.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Deal or no deal? Keeping negotiations on track
    How to keep commercial deals on track with Heads of Terms, NDAs and exclusivity, improving efficiency, reducing risk and avoiding delays.


    Read more
  • Rights and wrongs: How AI is reshaping Employment Tribunal claims
    AI may be a familiar presence in the workplace, but it’s now starting to appear somewhere less expected: the Employment Tribunal (ET). Grayson Stuckey explores this trend – and what it means for employers.


    Read more
  • Renters’ Rights Act: why process and paperwork matter more than ever for landlords
    The Renters’ Rights Act has now passed into law, marking one of the most significant shifts in the private rented sector in a generation. Most of the new measures will take effect in May 2026, with a national landlord database to follow later in th


    Read more
  • Understanding the Roles of Executors and Trustees
    When making a will, you place significant trust in those appointed to carry out your wishes. Executors and trustees are key roles, often held by the same people, but their responsibilities differ. Understanding these roles and their obligations helps


    Read more
  • Assigning or Subletting a Commercial Lease: What Tenants Need to Know
    This article explains the key differences between assignment and subletting, outlines the legal framework in England and Wales, and highlights the practical issues tenants should consider before taking action.


    Read more

What they say...

  • Paul Woodman, March 2026
    Will writing “Excellent service from start to finish. Efficient and good value. Charlotte was very professional, knowledgeable and understanding.”

  • Client, March 2026
    Great Service “Contacted RIAA to update my will and other things. Charlotte and James provided an efficient, friendly service, and the process was dealt with quickly. Much appreciated.”

  • Client, March 2026
    Expert knowledge and support “Pippa was invaluable in her insight, knowledge, and support. Through what is a very difficult time, she gave me hope that there is something to be done. Very solutions-oriented!”

  • Eve, March 2026
    Professional, compassionate and seamless legal support “I would like to express my sincere gratitude to Charlotte, Solicitor at RIAA Barker Gillette (UK) LLP, for the outstanding support she provided to my father during the creation of his will

  • Laura Kelly, February 2026
    Review of legal guidance received “I recently worked with Patrick Simpson on my settlement agreement. Patrick guided me through every stage with exceptional care and diligence. He kept the process moving efficiently, always updating me promptly

Read more
Send this to a friend