Court of Appeal clarification on continuity of rest periods for exempted workers
The Court of Appeal held in Network Rail Infrastructure Ltd v Crawford, that where the normal entitlement to an uninterrupted 20-minute rest break under Reg 12(1) of the Working Time Regulations 1998 ("WTR") is excluded by a 'special case' exemption, the equivalent period of compensatory rest that the employer must give wherever possible under Reg 24(a) need not be an uninterrupted 20-minute break.
The Claimant's job was to provide relief cover for a number of railway signal boxes, generally on an eight-hour shift pattern. Network Rail guidance confirmed that as signallers' work was intermittent "at single-manned locations, breaks must be taken between periods of operational demand where there are opportunities for 'naturally occurring breaks'".
Usage of inaccessible work email accounts during employee's maternity leave
The Employment Appeal Tribunal ("EAT") held in SW Yorkshire Partnership NHS Foundation Trust v Jackson that it can be unfavourable treatment under the Equality Act 2010 to send a woman on maternity leave an important email at an email address that she can't access. However, it will be necessary for a tribunal to consider the reason why the email was sent in that way.