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Posted By Gary Levers
Hi Folks
Can anyone furnish me with any successful prosecutions for breach of WTR.
Thanks in advance,
Gary
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Posted By Sean Fraser
Gary,
Go to the HSE website - then select "Enforcement Action". Do a search by slecting "breaches", then "regulations" - I was able to select both Working Time Regs 1998 and Work Time 99 for the search. Only one company came up (4 prosecutions though!) so I don't know if this is what you are looking for.
However, note that the guidance from the DTI website on the Working Time Directive states enforcement is split as follows: "Enforcement is split between different authorities. The limits and health assessment requirements (for night workers), are enforced by the Health and Safety Executive (HSE), local authority environmental health departments, the Civil Aviation Authority (CAA) and the Vehicle and Operator Services Agency (VOSA). The entitlements to rest and leave are enforced through employment tribunals." I'm not sure if there is a way to search for prosecutions by others i.e. local EHO. Can anyone else help?
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Posted By Tony Macklin A successful prosecution was taken by an East Anglian local authority, Breckland District Council against Forbuoys, a national newsagent chain for knowingly allowing a temporary woman manager to work excessive hours over 71 per week. The officer taking the case was Nigel Burrows (email = Nigel.Burrows@breckland.gov.uk) and there is a report of the case in Environmental Health News w/e August 23 2002 which can be found at:- http://www.http://www.ehn-online.com/cgi-bin/news/news1/EpFppplZZyuxUpFmGo.html Hope this is some use to you? TM :-{)>
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Posted By Gary Levers
Thanks for the info. I had the one on the HSE website (sheffield company with 4 charges!) Just a little surprised there weren't more.
The other links look useful. Cheers
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Posted By Nigel Burrows
Gary,
Tony is right about the prosecution of Forbouys Limited which was also reported in Safety Practitioner in Sept. or Oct. 2002.
This was the first UK case relating to exceeding 48 hour weekly limit although Norwich City Council had taken a case regarding 'night time' working.
At the time HSE had taken no prosecutions under the Regs but I believe they have subsequently taken a case.
The case I took was an extreme and prolonged breach leading to ill health and the company involved were fined and ordered to pay 'the victim' compensation.
I you wish to discuss further you can contact me on 01362 656832
Nigel Burrows
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