Deakin & Ors v Kuehne & Anor

Deakin & Ors v Kuehne & Anor

The collective agreement means that the worker is obliged to take the planned break based on the planned shift length, and the employer is entitled to deduct the stipulated break from pay even if the actual hours worked are less and the break was not actually taken. The obligation to take a 45 minute break is triggered by the planned shift exceeding nine hours, not by actual hours worked.

Parties
Appellants: Colin Deakin and Others; Respondent: Kuehne & Nagel Drinks Logistics Limited
Jurisdiction
England and Wales
Judgment Date
27 January 2012
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Collective Agreements, Breaks From Work, Wages, Unauthorised Deduction From Pay, Interpretation of Employment Contracts
Employment Law Collective Agreements Breaks From Work Wages Unauthorised Deduction From Pay Interpretation of Employment Contracts

Case Brief

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Parties

Colin Deakin and Others

Appellants

Kuehne & Nagel Drinks Logistics Limited

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the employer can deduct planned breaks from pay even if not actually taken and not required by law based on actual hours worked
  2. 2 When the obligation to take a 45 minute break is triggered under the collective agreement

Ratio Decidendi

The collective agreement means that the worker is obliged to take the planned break based on the planned shift length, and the employer is entitled to deduct the stipulated break from pay even if the actual hours worked are less and the break was not actually taken. The obligation to take a 45 minute break is triggered by the planned shift exceeding nine hours, not by actual hours worked.

Court Disposition

Appeal dismissed