LRD guides and handbook October 2024
Health and Safety Law 2024
An employment tribunal claim for failure to provide a rest break (regulation 30, WTR) can be brought even if the worker did not ask to take their break at the appropriate time (Grange v Abellio London Limited [2016] UKEAT/0130/16/1611). Compensation is limited to the wages for the time that should have been spent on a break. There is no right to injury to feelings for failure to provide a break (Viviana Santos Gomes v Higher Level Care Limited [2018] EWCA Civ 418), although personal injury compensation might be available in a case where a repeated failure to provide breaks leads to ill-health (Grange v Abellio London Limited [2018] UKEAT 0304/17/0810).