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Breach of working time legislation can result in compensation for injury to feelings

Makbool Javaid
working time

In South Yorkshire Fire & Rescue Service v Mansell & Ors , the introduction of a new shift system (CPC) for firefighters breached night work and daily rest provisions in the Working Time Regulations (WTR). The firefighters were unwilling to volunteer for CPC and were transferred to other fire stations. They suffered a detriment as a result of their moves, including financial loss, increased journey times, interference with care obligations, loss of free time, leisure time and family time, etc. The EAT agreed with the ET that having been successful with their claims, compensation for the detriment suffered because of a breach of the WTR could include an award for injury to feelings. Legislation provides no bar to an award of compensation for injury to feelings in such cases. All claims of detriment under Part V of the Employment Rights Act are akin to claims of discrimination.

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