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Compensation for not providing rest breaks can include personal injury

Makbool Javaid

In Grange v Abellio London Ltd 20 minute rest breaks were not made available on 14 days in breach of Reg 12 of the Working Time Regulations 1998 (WTR). G suffered no financial loss, but the ET awarded him £750 because of the impact of not having breaks on his pre-existing medical condition, i.e. the failure to eat properly caused him discomfort and distress due to a colon ailment. The employer appealed arguing that the Court of Appeal in Santos Gomes v Higher Level Care had held that compensation for a breach of the WTR could not include injury to feelings which in turn barred personal injury awards. The EAT dismissed the appeal. The ‘distress’ G suffered was linked to his ‘discomfort’ resulting in physical anxiety overall. Therefore, the award was for personal injury, not injury to feelings, and Santos Gomes did not bar a personal injury award as the issue never arose in that case.

The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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