Carter v Prestige Nursing Ltd (Working Time Regulations) [2012] UKEAT 0014_12_1105 (11 May 2012)

Carter v Prestige Nursing Ltd (Working Time Regulations) [2012] UKEAT 0014_12_1105 (11 May 2012)

A claim for refusal to permit rest under the Working Time Regulations 1998 cannot succeed unless the worker attempted to exercise the right and the employer refused; as Ms Carter did not attempt to exercise her rights, the award must be set aside. The unlawful deduction from wages claim cannot be determined without clear findings as to the contractual terms regarding night work; the matter is remitted for further findings.

Citation
[2012] UKEAT 0014_12_1105
Parties
Claimant: Ms Georgina Carter; Respondent: Prestige Nursing Ltd
Jurisdiction
United Kingdom
Judgment Date
11 May 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment, With Remittal Ordered
Outcome
Appeal allowed in part, award for rest periods set aside, unlawful deduction claim remitted for rehearing
Legal Topics
Working Time Regulations, Unlawful Deduction From Wages, Rest Breaks, Employment Rights Act 1996
Employment Law Working Time Regulations Unlawful Deduction From Wages Rest Breaks Employment Rights Act 1996

Case Brief

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Parties

Ms Georgina Carter

Claimant

Prestige Nursing Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment, With Remittal Ordered

Legal Issues

  1. 1 Whether the employer refused to permit the claimant to exercise rights to daily and weekly rest under the Working Time Regulations 1998
  2. 2 Whether there was an unlawful deduction from wages for night hours under the Employment Rights Act 1996

Ratio Decidendi

A claim for refusal to permit rest under the Working Time Regulations 1998 cannot succeed unless the worker attempted to exercise the right and the employer refused; as Ms Carter did not attempt to exercise her rights, the award must be set aside. The unlawful deduction from wages claim cannot be determined without clear findings as to the contractual terms regarding night work; the matter is remitted for further findings.

Court Disposition

Appeal allowed in part, award for rest periods set aside, unlawful deduction claim remitted for rehearing

Orders

  • Award of £3500 for rest periods set aside
  • Unlawful deduction from wages claim remitted to a different Employment Judge for fresh determination of contractual terms