Backed by his ``union'' the Police Federation, he claims the force breached the
Working Time Regulations.
It's part of the
Working Time Regulations, 1998, and your employer can't actually deny you it.
The
Working Time Regulations (WTR), the UK version of the European Working Time Directive, have applied to all junior doctors since 2004.
The European Court of Justice reviewed the legislation on working time which, in the UK, is the
Working Time Regulations 1998.
That is simple enough to understand, but numerous issues remain unresolved, not least because the
Working Time Regulations do not mean what they say.
The law on this (The
Working Time Regulations 1988) says that you can bring backdated payment claims but that you must do so within three months from the date that you should have been paid.
The judgments ruled that the calculation of holiday pay based on
working time regulations introduced in 1998 was not correct and must now include overtime and can include backdated claims.
With the introduction of the
Working Time Regulations in 1998, full time employees were given the right to four weeks holiday per year which, over the years, has risen to the current 5.6 weeks holiday.
A Department for Business, Innovation and Skills spokesman said: "Changes to the
working time regulations need to be made because of European Court rulings, however Government will do all it can to minimise the burden on business."
Employers commented in the survey that the
Working Time Regulations were of great concern, but the regulations derive from an EU Directive and cannot simply be repealed.
The GMC said its research continued to show problems with the
working time regulations which limited junior doctors to a 48 hour week in 2009.