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04 December 2008 / Karl Deakin
Issue: 7348 / Categories: Features , Terms&conditions , Employment
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Toil & trouble

Karl Deakin reflects on another difficult year for interpreting the Working Time Regulations

The Working Time Regulations 1998 (SI 1998/1833) (the Regulations) have provided much toil for the tribunals since their introduction in October 1998, and this year has been no exception.

The employment tribunal in Miles v Linkage Community Trust Limited (unreported at first instance) EAT/0618/07/DA, quoted by the Employment Appeal Tribunal (EAT), complained of the complexity of the Regulations stating “frankly we do not criticise any employer who [is] not able to interpret them and apply them accurately”. Anyone who has had to advise on the Regulations can probably sympathise.

Basic entitlements to rest
In addition to minimum annual leave, workers under the Regulations are entitled to:
 

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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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