There is also the principle of uncomfortable working time. This is the case for a worker whose working time is not measured or pre-defined (and for whom the worker has control over the number of hours worked) who is then excluded from any rest regime and the maximum weekly duration of 48 hours (see next section). This generally applies to business leaders (particularly those with self-governing decision-making powers), managers, family members and religious workers. In Russell v Transocean International Resources Ltd in 2011, Mr. Russell and others were employed in offshore oil and gas facilities and all but one of the employees were assigned to work for two weeks off the coast, followed by two weeks at sea (called field breaks). While working offshore, they generally worked 12 hours a day, followed by 12 hours of service (still offshore), but did not get days off. The Employment Appeal Tribunal had to consider whether the time spent on shore should be taken into account in the workers` right to paid annual leave. In December 2016, in the Grange/Abellio case, the EAT decided that a worker could claim a request for refusal or his right of rest, although he did not expressly request and refuse the break when the work regimes prevent the worker from exercising his right to a period of rest. But it is not the same as a worker who chooses not to take a break. Mr. Grange had worked until July 2012 on an 8.5-hour day with an unpaid lunch break of half an hour. In July 2012, he received an email saying he had to work eight hours without a break and leave half an hour earlier. Mr.
Grange complained in July 2014 that he had been brought to work without rest. The original labour tribunal stated that there must be a rejection of an express request for the right to a break to appeal. The EAT allowed Mr. Grange`s appeal. The applicant, Mr. Hood, stated that there had been a number of occasions when he had not been allowed to rest and that he had not been given full daily rest on average three to four times a month. The nursing home staff manual states that breaks should not be taken by the service user during a shift. They argued that it was not economical to provide support to cover occasions when Mr. Hood did not benefit from his daily rest time. The court accepted that the service provided by the nursing home was in the exempt category, but that no compensatory rest had been offered to Mr. Hood.
In an interesting case in September 2020, an employment tribunal ruled that an engineer had been wrongly dismissed after resigning following a dispute over his salary on the way to work. It is often easier to calculate this based on the number of layers you pass, on average over a 17-week period – z.B. If you work 4 times over 12 hours and have 4 days off, the average work week is 3.5 x 12 hours (this is calculated by the number of jobs worked  divided by the total number of days in the scheme (8) x 7 days – i.e. 4 divided 8 x 7 – 3.5. So, 5.6 weeks off is 5.6 x 3.5 x 19.6 x 12 hours of right vacation service – 235.2 hours. There is a work leave calculator that you might find useful.