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
