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22 November 2010
Employment Appeal Tribunal
Lady Smith; Mrs C Baelz; Ms B Switzer
Regulation 12 of the Working Time Regulations 1998 entitles workers to a 20-minute break during any period of working of more than six hours. Regulation 21 exempts from that right those engaged in ‘security and surveillance activities requiring a permanent presence', giving security guards as an example. Regulation 24(a) provides that, where that right is excluded, employers must provide an opportunity for ‘compensatory rest'. This case confirms that ‘compensatory rest' is a period which, so far as possible (but no more than that), is free from work.
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