Prestige Nursing Ltd v Carter (Working Time Regulations) [2012] UKEAT 0015_12_1105 (11 May 2012)

Prestige Nursing Ltd v Carter (Working Time Regulations) [2012] UKEAT 0015_12_1105 (11 May 2012)

The appeal was allowed on the rest period claim because the claimant did not allege or prove any attempt to exercise her rights or any refusal by the employer, as required by regulation 30(1) and established in Miles v Linkage Community Trust. The unlawful deduction from wages claim was remitted because the Employment Judge failed to make findings as to the actual terms of the contract regarding payment for night hours, which is essential for determining contractual entitlement under section 23 of the Employment Rights Act 1996.

Citation
[2012] UKEAT 0015_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
Outcome
Appeal allowed in part; award for rest periods set aside; unlawful deduction claim remitted.
Legal Topics
Working Time Regulations, Unlawful Deduction From Wages, Rest Periods, Contractual Entitlement
Employment Law Working Time Regulations Unlawful Deduction From Wages Rest Periods Contractual Entitlement

Case Brief

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Parties

Ms Georgina Carter

Claimant

Prestige Nursing Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the employer refused to permit the claimant to exercise rights to daily and weekly rest periods under the Working Time Regulations 1998
  2. 2 Whether there was an unlawful deduction from wages in respect of night hours under section 23 of the Employment Rights Act 1996

Ratio Decidendi

The appeal was allowed on the rest period claim because the claimant did not allege or prove any attempt to exercise her rights or any refusal by the employer, as required by regulation 30(1) and established in Miles v Linkage Community Trust. The unlawful deduction from wages claim was remitted because the Employment Judge failed to make findings as to the actual terms of the contract regarding payment for night hours, which is essential for determining contractual entitlement under section 23 of the Employment Rights Act 1996.

Court Disposition

Appeal allowed in part; award for rest periods set aside; unlawful deduction claim remitted.

Orders

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