||All England Reporter
|| All ER (D) 121 (Nov)
||Court of Appeal, Civil Division
Peter Gibson, Buxton and Jacob LJJ
||Andrew Hogarth QC (instructed by OH Parsons & Partners) for the employees.
||Peter Oldham (instructed by Berwin Leighton Paisner) for the employer.
||8 November 2004
Employment - Working time - Worker's hours exceeding statutory maximum - Rest-break - Continuity of service - Airline catering - Employment tribunal finding workers' activities involving need for continuity of service - Employment Appeal Tribunal finding workers wrongly denied protection in respect of working hours - Correctness of decision - Working Time Regulations 1998, SI 1998/1833, regs 12(1), 21(c).
On the proper construction of reg21(c) of the Working Time Regulations 1998, which had the effect of setting aside the requirement for a rest break contained within reg12(1) of the Regulations where the worker's activities involved the need for continuity of service or production, the test for continuity of employment focused on the activities and work patterns of the worker, rather than the employer.
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