Philip Engelman on the GRANGE v ABELLIO LONDON LTD Case


Grange v Abellio London Ltd resolves an important issue relating to the approach to be taken to rights to rest under the Working Time Regulations. There were conflicting decisions of the EAT as to whether a refusal by the employer was necessary before an employee could take advantage of their rights. The EAT in Grange held that the WTR had to be construed consistently with the Working Time Directive and on that basis a refusal by the employer (and thus a request by the employee) was unnecessary. Thus the approach taken in Miles v Linkage Community Trust Ltd [2008] IRLR 602 was no longer to be followed.

Philip Engelman of Cloisters represented the successful Appellant.

A link to the judgment is attached.