ARTICLE
29 March 2019

Ouch – Working Time Compensation Can Include An Award For Personal Injury

The EAT dismissed the appeal.
UK Employment and HR
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Although a breach of the Working Time Regulations 1998 cannot lead to an injury to feelings award, compensation can reflect personal injury suffered as a consequence of the breach, according to the EAT in Grange v Abellio London Ltd.

Last year, the Court of Appeal decision in Santos Gomes v Higher Level Care Ltd confirmed that compensation for a breach of the Working Time Regulations 1998 (the Regulations) cannot include compensation for injury to feelings. However, the EAT has decided in Grange v Abellio London Ltd that the same bar does not apply to compensation for personal injury. It upheld a tribunal's award of £750 in relation to a failure to provide rest breaks.

Mr Grange was a bus driver who had not been permitted to take his entitlement to rest breaks on fourteen days over a ten week period. Although it was agreed that he had not suffered any financial loss because he worked a shorter day in lieu of a rest break, the tribunal awarded him £750 to reflect the discomfort and stress caused by the lack of a rest break in light of an underlying medical condition. The employer appealed, arguing that working time compensation could not include an award for personal injury, that the employee had not produced evidence that provided a basis for the award and that the amount was manifestly excessive in view of the short period of the breach.

The EAT dismissed the appeal. There was nothing in the Court of Appeal decision in Santos Gomes that excluded compensation for personal injury suffered as a result of the breach of the rest break provision in the Regulations. This was a low value claim in which the employee had given evidence about his medical condition and the effect of the absence of rest breaks on his health. It would have been disproportionate to require medical evidence to be produced and the tribunal had sufficient evidence to reach the conclusion that it did.

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ARTICLE
29 March 2019

Ouch – Working Time Compensation Can Include An Award For Personal Injury

UK Employment and HR

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