Health and safety law 2019 (July 2019)

Chapter 9

Compensation for injury to feelings

[ch 9: page 185]

Compensation for injury to feelings can be awarded in a claim for detriment for asserting working time rights. This was decided in this important case supported by the Fire Brigades Union:

A group of firefighters were penalised (compulsorily transferred to another station) for refusing to work under a new duty system called Close Proximity Crewing which was a clear breach of the WTD. The EAT ruled that they could claim compensation for injury to feelings for detriments suffered as a result of asserting their working time rights. As well as financial loss, these included longer journeys, interference with care obligations, loss of free time, leisure and family time loss of existing working relations and disruption to their working pattern

South Yorkshire Fire & Rescue Service v Mansell & Ors [2018] UKEAT 0151/17/3001

www.bailii.org/uk/cases/UKEAT/2018/0151_17_3001.html


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