Claimant v Strada Care Limited
Outcome
Individual claims
Claimant worked in a residential care home for vulnerable adults. Tribunal found his work fell within regulation 21(c)(i) WTR exclusions, so regulation 10 daily rest did not apply. Under regulation 24, employer must allow equivalent compensatory rest. On the three dates within time limit (26 Nov, 2 Dec, 4 Dec 2023), tribunal found the respondent did allow equivalent compensatory rest through longer breaks after shorter breaks, averaging out to adequate rest periods.
Claimant alleged dismissal under s.101A ERA for refusing to work in breach of WTR. Tribunal found claimant had not refused or proposed to refuse to work in breach of WTR. His expressions of tiredness on 28 Oct and 8 Nov 2023 did not amount to refusing to work in breach of WTR or forgo rights. Tribunal accepted respondent's evidence that the reason for dismissal was gross misconduct: claimant intentionally went to sleep while on a waking night shift, putting vulnerable service users at risk.
Facts
Claimant was an overseas sponsored support worker in a residential care home for vulnerable adults from May to December 2023. He regularly worked night shifts and voluntary overtime, sometimes resulting in less than 11 hours rest between shifts. He raised concerns about tiredness with his manager in October and November 2023. On 11 December 2023, he was found intentionally asleep on duty during a waking night shift, having set up a makeshift bed. He was dismissed for gross misconduct on 15 December 2023 after a disciplinary process, and the appeal was dismissed on 27 December 2023.
Decision
Tribunal dismissed all claims. Working Time Regulations claims failed on time limits (most breaches were before 26 Nov 2023) and on merits: the tribunal found the employer did allow equivalent compensatory rest under regulation 24 WTR by providing longer breaks after shorter ones. Automatic unfair dismissal claim failed because claimant had not refused or proposed to refuse to work in breach of WTR, and the tribunal accepted the real reason for dismissal was gross misconduct (intentionally sleeping on duty).
Practical note
Employers in care settings can satisfy WTR compensatory rest requirements through flexible shift patterns that average out to adequate rest, but must actively monitor compliance rather than relying on informal arrangements or employee goodwill.
Legal authorities cited
Statutes
Case details
- Case number
- 2303339/2024
- Decision date
- 13 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Support Worker (Overseas Sponsored)
- Service
- 8 months
Claimant representation
- Represented
- No