The Complainant worked 40 hours per week as a Senior Retail Betting Assistant in a retail bookmaker’s (the Respondent). The Complainant submitted that they did not receive their statutory break entitlements throughout the course of their employment.

Although the Complainant raised this issue with the Respondent, no attempt was made to ensure that the Complainant could avail of her statutory break entitlements.  The Complainant argued that the Respondent has a legislatively prescribed duty to ensure that staff are afforded their correct break entitlements and that they as an employer are operating within the confines of the Organisation of Working Time Act.

The Respondent does not have a clocking facility in operation in their stores, nor does the Respondent have