We recently had a client whose staff member had decided to work all the hours of the night and weekend.
She claimed that it was so busy that she had to work in the small hours of the morning, regularly sending emails at 2.35am, 4am, Saturday evenings at 10.45pm, and so on.
Our client wasn’t worried about this at the time.
After all she is a grown up and can decide when she wants to work.
Although the manager had told her a couple of times to stop working so late, it had not been backed up by any formal meetings or disciplinary action.
It was left to carry on, unchecked, until she went off with stress and claimed that her manager had “made” her break the working time regulations by not enforcing them.
As with all of H & S legislation, you, as the employer, are responsible for ensuring the rules are followed.
YOU are liable, not them.