Rest Intervals at Work*
For those interested in the law on this issue it is useful to look at a recent decision of an AO in case ADJ 16951.
The AO in this case has taken some time to deal with the legal arguments and the law on this issue which has been dealt with in some detail.
What is also very interesting about this case is that the AO in this case has relied upon the fact that the employer failed to maintain records of rest breaks at work in finding in the favour of the employee.
It would be our view following the case C-684/16 that the law on this issue has moved on since this case was heard and that now the test is that not only that the employer maintains the said records but that the employer used due diligence to make sure the employees received their rest breaks at work.
This area of law is developing and it would be interesting to see how it does develop. Issues relating to case 684/16 are currently going to the Labour Court. Their rulings on this issue will be of a significant importance for AO’s going forward.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
**In contentious cases, a solicitor may not charge fees as a proportion or percentage of any award or settlement.