The Ministry of Economy, Innovation and Qualifications (formerly BERR) has a guide stating that, even if they fall into one of these categories, a worker must be entitled to at least 90 hours of rest per week. Compensatory rest does not necessarily have to come from time that would otherwise have been working time. In an interesting case in September 2020, an employment tribunal ruled that an engineer had been wrongly dismissed after resigning following a dispute over his salary on the way to work. The weekly working hours are calculated with your “normal” weekly hours and everyone: it is up to the employer to decide whether to offer longer or extra breaks on the working day, as for example: in December 2017, the ECJ of Maio Marques da Rosa/Varzimsol found that there was no obligation for workers to rest on the 7th day. Mr. da Rosa was employed by Varzimsol, a Portuguese casino owner. The casino was open 364 days a year and workers sometimes worked seven consecutive days a week (followed by two consecutive days off). When Rosa was fired, he argued that he had been denied his weekly rest periods. The case has been referred to the ECJ to decide whether EU legislation should be interpreted in the sense that weekly rest must be granted no later than the 7th day after six consecutive days of work or whether employers can choose. The ECJ has decided that the legislation does not specify when the minimum rest period should be taken during each seven-day period. In the United Kingdom, employers can choose a period of 7 or 14 days, which means that an employer in the United Kingdom could grant a 48-hour rest period at the beginning of a consecutive 14-day period and another at the end of a second period. It is theoretical and I doubt it is a good practice, at least in the area of health and safety! Information to know about the weekly working limit: In Russell v Transocean International Resources Ltd 2011, Mr. Russell and others were employed in offshore oil and gas facilities and all but one of the employees were instructed to work for two weeks off the coast, followed by two weeks offshore (known as fractures).
While working offshore, they generally worked 12 hours a day, followed by 12 hours of service (still offshore), but did not get days off. The Employment Appeal Tribunal had to consider whether the time spent on shore should be taken into account in the workers` right to paid annual leave. Although the 12.07% Acas method is recommended, this method has been criticized and in early 2018 from the EAT, at Brazel v Harpur Trust (where Ms. Brazel was a guest music teacher at the Bedford Girls` School, the use of the 12.07% method for calculating leave pay for workers working on fixed-term and/or zero-hours variable-hours contracts was erroneous and should be calculated on the basis of their average salary over the past 12 weeks.