Tribunals
Breaches of the WTR were the most common type of case brought to the employment tribunal/Employment Appeal Tribunal. Annual leave and rest entitlement claims accounted for 29% of all claims in 2012. The government’s plan to charge for tribunal claims due to be implemented in mid-2013 may lead to lower claims.
Non-implementation of the WTR regulations by offshore employers gave rise to hundreds of tribunal claims, resulting in a ruling in favour of the workers (Scottish Employment Tribunal case S/104056/04 16-18 May 2005, Thomas L Russell & others v Transocean International Resources Ltd and others); but subsequently the Supreme Court rejected a union-backed claim over annual leave (see chapter 9).
A tribunal only has power to hear certain types of claim from certain categories of worker and within a specified time limit. There is no qualifying service requirement for claims under the WTRor the Employment Rights Act 1996, which covers detriment (section 45A) and dismissal (section 101A) in working time cases, but there is a three-month time limit for making claims.