Sunday, 14 June 2009

Working Time Regs breaches can now be pursued under deduction of wages claims

The House of Lords has decided in favour of the workers in in Stringer v HMRC, overturning the Court of Appeal.

This means that a worker can claim for a breach (under Regs 13,16 and 14) past the old 3 months aslong as the underpayments were part of a series under a deduction of wages claim rather than as well as under the Working Time Regulations.

Deducions of Wages claims are a great tool for the employment lawyer as it is one of the few grounds of action where you do not need a month's service to rely upon them.

The Regs:

http://www.opsi.gov.uk/si/si1998/19981833.htm

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