David Royden is a Partner with Laytons Solicitors and Head of Employment Law, Manchester, UK

Laytons Solicitors is a national law practice specialising in all aspects of Company and Commercial Law

Laytons Solicitors, 22 St John Street, Manchester M3 4EB.
Tel: +44 (0) 161 834 2100
Fax: +44 (0) 161 834 6862

Offices at London, Manchester and Guildford, UK


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Dismissal relating to the Working Time Regulations 1998

Broadly, the Regulations provide workers with the right to paid leave, rest periods and breaks, as well as limiting the average hours per week which they can be required to work.

Workers who are employees will be held to be unfairly dismissed (or selected for redundancy) if the reason, or the main reason, for the dismissal is that they:

  • refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of the Regulations;
  • refused (or proposed to refuse) to forgo a right conferred by the Regulations;
  • failed to sign a workforce agreement or to make, vary or continue any other agreement provided for in the Regulations; or
  • performed (or proposed to perform) any functions or activities as a workforce

representative for the purposes of the Regulations, or as a candidate to be such a representative.

There is no qualifying period of service or age limit for employees who wish to complain that they have been dismissed for one of these reasons.

Workers who are not employees can complain to an employment tribunal that they have suffered a detriment if their contracts are terminated for any of these reasons, or for seeking to assert any rights conferred on them by the Regulations, compensation being awarded on the same basis as for unfair dismissal. Both employees and workers who are not employees are also protected from detrimental action or deliberate inaction by their employer falling short of dismissal or termination of contract.

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Employmet Law Procedures - view section

Employment Law Issues - view section

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