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Protection from automatically unfair dismissal or detriment
[ch 4: pages 139-140]It is automatically unfair to dismiss an employee, or submit a worker to a detriment, for asserting working time rights. For a claim to succeed, it must be clear that they were asserting working time rights and that this is why they were penalised (Pazur v Lexington Catering Services Limited [2019] UKEAT/0008/19/LA). For example:
Two careworkers dismissed for falling asleep during their shift were found not to be asserting their right to have a rest break by falling asleep. Their claim failed, even though the care home was criticised for breaching its statutory obligations.
Ajayi v Aitch Care Homes (London) Ltd [2012] UKEAT/0464/11
https://www.bailii.org/uk/cases/UKEAT/2012/0464_11_0302.html
There is protection from dismissal or detriment even if a worker turns out to have been mistaken about their WTR rights, as long as they acted in good faith (regulation 31(2), WTR).
Compensation for injury to feelings can be awarded in a claim for detriment for asserting working time rights (South Yorkshire Fire & Rescue v Mansell [2018] UKEAT/0151/17/3001).