Employers should review their working arrangements to ensure they allow workers to take their statutory rest breaks.

Rejecting earlier conflicting EAT authority, the EAT in Grange v Abellio took a purposive approach to the Working Time Regulations in ruling that a worker can bring a claim for denial of their right to a rest break, despite the worker not having made an explicit request for a break which was refused, if the arrangements in effect prevent the worker from exercising their entitlement. This can be contrasted with the position where the worker is able to take a break but chooses not to for their own reasons – employers are not required to force an employee to take a break.