Injury To Feelings Under Working Time Regulations 1998

In the case of Santos Gomes v Higher Level Care Limited, the Claimant presented various claims including in relation to a failure to provide her with 20 minute rest breaks in breach of regulation 12 (1) of the Working Time Regulations (WTR). The Employment Tribunal awarded £1,220 in respect of pecuniary loss. The Claimant also claimed that she was entitled to an award for injury to feeling under a general power under the legislation to award compensation that is just and equitable in all the circumstances.  This was rejected by the Employment Tribunal and the Claimant appealed to the EAT.

Her appeal was rejected by the EAT on the basis that unlike discrimination claims there are no specific provisions regarding injury to feelings under the WTR. Although it is not specifically excluded (as it is under the regulations which apply to part-time, fixed-term and agency workers) there is no justification for adopting an “unsupported strained” construction to cover compensation for injury to feelings. The Claimant is applying for permission to appeal to the Court of Appeal.

If you have any questions about the Working Time Regulations, please get in touch with a member of our Employment team.