Ms L Basiony (1) Ms H Jacob (2) Ms K Pearce (3) Ms B Crabbe (4) v Mitie Care and Custody Limited and 1 other — 2022

The claims arose from an overseas escort assignment to Saudi Arabia in June 2019. The claimants requested a rest stop during the journey and, after the Home Office refused authorisation, did not board their scheduled return flight from Amman to Heathrow. The respondent investigated and disciplined them, issuing first written warnings to the First, Second and Third Claimants and a first and final written warning to the Fourth Claimant.

The tribunal held that Regulation 18 of the Working Time Regulations did not exclude the claimants from WTR protection, but accepted that Regulation 21 applied because of the nature and locations of the work. It found that any stopover during the assignment would still be working time, not compensatory rest, and that the respondent had not breached Regulation 24. It also found that there were sufficient opportunities for naturally occurring rest breaks during the assignment and that compensatory daily rest could be provided after return to the UK.

The section 44 health and safety detriment claim failed. The tribunal found that the relevant health and safety gateway was not made out, that the claimants did not reasonably believe there were harmful or potentially harmful circumstances connected with their work, and that the investigation and disciplinary sanctions were imposed because they did not return as instructed, with consequent cost and client issues, not because they raised health and safety matters. The section 45A working time detriment claim also failed because the tribunal found no relevant WTR breach or right which the claimants had refused to forgo. The remaining Equality Act claims were dismissed upon withdrawal.