Sleepy Bus Drivers

The EAT has handed down a decision dealing with rest breaks for bus drivers (which is of general application for all mobile workers). HHJ Peter Clark held, construing some quite complex provisions of the Working Time Regulations 1998, that:

• bus drivers are not entitled to a rigid 11 hours' rest in each 24-hour period (under WTR reg 10(1));
• nor are they entitled to 'compensatory rest' under reg. 24 (being an equivalent period of rest, but at different times);
• instead, they are entitled to 'adequate rest' under reg. 24A (regular but undefined rest periods, so as to prevent them injuring themselves or others through fatigue).

Sadly, nobody thought of asking why a bus driver might feel sleepy, with fascinating issues like this to keep them awake...

First Hampshire & Dorset Ltd v Feist & ors.