A worker cannot bring a free-standing claim in the employment tribunal for breach of the 48-hour working week. However, evidence that the law has been broken may help to demonstrate a fundamental breach of the employer’s implied contractual duty to take reasonable care of an employee’s health and safety, and this could support a tribunal claim for constructive dismissal, or a personal injury claim in the civil courts (Johnstone v Bloomsbury Health Authority [1991] IRLR 118).