Commentary

(10) Entitlement under other provisions

Division CI Working Time
| Commentary

(10) Entitlement under other provisions

| Commentary

(10)     Entitlement under other provisions

WTR SI 1998/1833 reg 17 contains a standard provision, to be found for instance in the legislation on maternity rights, that if a worker is entitled to a rest period, rest break or annual leave under both the provisions of the WTR and a separate provision (including a provision in the worker's contract), the two rights cannot be exercised separately, but the worker can take advantage of whichever right is, in any particular respect, the more favourable (reg 17). This provision has attracted relatively little judicial consideration. In the first of two cases

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