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Daily rest denied daily over a period: time limits run from each denial

15 February 2012

Where an employer fails, on a daily basis over an extended period, to give a worker the 11 hour minimum daily rest in every 24-hour period to which he is entitled under the Working Time Regulations 1998, the time limit for bringing a claim in the tribunal in respect of those failures starts to run on each daily occasion that the right is not honoured, with the result that where the requisite rest period has not been accorded for the whole of the three month period prior to presentation of a claim to the tribunal, that claim may seek redress in respect of each and every failure to accord adequate daily rest that occurred during those three months, but not for any earlier failures, according to the Scottish EAT in Scottish Ambulance Service v (1) Truelove (2) Woods.