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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