In September 2025, the Employment Tribunal delivered its decision in the case of Ogumodede v Churchill Contract Services (2225883/20), which serves as a timely reminder for employers to monitor their compliance with the Working Time Regulations 1998 (‘WTR’). This article briefly summarises the facts of the case and highlights the key points to note for employers.

Facts

Ms Ogumodede worked for Churchill Contract Services (‘Churchill’), a contract cleaning company. As part of her contract of employment, she worked 40 hours per week, 8am-5pm, Monday to Friday at Deutsche Bank’s offices. She had been working in that role since 5th March 2018. On 1st May 2024, Churchill took on an additional contract to clean the Palace of Westminster (PoW) from a contractor, KGB, following a TUPE transfer that took effect on that date. Previously, KGB had employed Ms Ogumodede to clean that site for 37.5 hours per week, 10pm-6am, Monday to Friday. Churchill therefore became Ms Ogumodede’s employer in respect of her work at the PoW and for Deutsche Bank.

This schedule resulted in only seven hours of non-work time for the claimant in each 24-hour period- a five-hour evening break and a two-hour morning break—falling short of the 11-hour daily rest period mandated by Regulation 10 of the WTR. She was also working more than the 8-hour limit on night-time working, which is forbidden by regulation 6(1).

Crucially, Churchill was not aware until the later TUPE transfer that she was also simultaneously working a night shift at the PoW alongside her role at Deutsche Bank. Throughout this period, Ms Ogumodede maintained a clean attendance and disciplinary record in respect of the PoW work.

When it became aware of this fact, Churchill realised that this would not comply with the rules under the WTR. As a result, it decided to suspend Ms Ogumodede on nil pay under the contract relating to the PoW work whilst they investigated the matter. Ms Ogumodede remained employed under the Deutsche Bank contract because she received more hours and pay under this contract. During a later consultation meeting with her employer, Ms Ogumodede mentioned that she felt ‘very well’ and revealed that she had worked like this since 2008. She also requested a redundancy payment on the basis that other staff at the PoW were also employed in two full-time roles. She maintained that she rested on the weekends when she did not work.

Following her suspension, Churchill offered Ms Ogumodede an alternative to continue to work at the PoW between the hours of 6pm to 9pm to adhere to the rules under the WTR. Ms Ogumodede declined this proposal. Thereafter, Churchill terminated her contract to clean the PoW on 28 October 2024 without notice.

As a result, the claimant brought tribunal claims for unfair and wrongful dismissal, breach of contract, unauthorised deductions from wages and for not receiving a redundancy payment. The employment tribunal dismissed all these claims on the basis that Ms Ogumodede had intentionally concealed information about her two jobs when completing employment declarations in 2008. The tribunal held that she was not entitled to redundancy and was dismissed because she could not work under that contract due to the limits imposed by regulation 6(1), which would have constituted a breach of the law.

Despite Ms Ogumodede’s comments regarding her welfare, the tribunal emphatically emphasised that there were strong public policy grounds for the rules in place because individuals may underestimate the extent of their fatigue and because of the higher risks associated with night work.

How can employers avoid this type of situation?

· Employers must proactively monitor working time and check for warning signs that may indicate undisclosed secondary employment, including employees requesting unusual shift patterns, consistently appearing fatigued, declining additional hours despite financial need, or having unexplained time constraints. HR teams could be trained to recognise these indicators.

· Employers should establish comprehensive systems for recording and regularly reviewing secondary employment declarations with ongoing monitoring.

· Ensure that staff understand the policy rationale behind the WTR requirements for health and safety reasons.

· Train managers to foster a supportive reporting culture and emphasise the health and safety risks, both to the individual and their colleagues, if they are working excessive hours.

· Finally, when acquiring businesses or contracts, conduct thorough audits of working time compliance and secondary employment arrangements.

Please note the contents of this article do not constitute legal advice. If you require any further information or if you would like our assistance, please contact us at employment@berrysmith.com or on 02920 345 511.