Compensation for injury to feelings


Two recent cases have looked at whether an award for injury to feelings can be made in the case of a breach of the WTR. In South Yorkshire Fire & Rescue Service v Mansell & Ors (Working Time Regulations) [2018] UKEAT 0151/17/3001, the EAT ruled that an injury to feelings award could be made where a breach of the regulations resulted in a claim for detriment under section 45A of the Employment Rights Act 1996. 


In this case, an employment tribunal had found the fire service was acting unlawfully when it imposed a new shift duty system known as Close Proximity Crewing. The Fire Brigades Union (FBU) brought the case and said the decision means it can pursue compensation claims for injury to feelings for firefighters who were “forcibly displaced” from their fire stations when the new working pattern was introduced. They were unwilling to work on the new shifts and were transferred to other stations. Solicitors acting for the firefighters believe it is the first time an award of this kind has been made for breaches of the WTR. 


The fire service had relied on an EAT decision, Santos Gomes v Higher Level Care Ltd [2016] ICR 926, which held that injury for feelings awards could not be made in claims for working time breaches in relation to a failure to provide rest breaks. In this case, the tribunal awarded compensation for financial loss only, and appeals to the EAT and Court of Appeal (Gomes v Higher Level Care Ltd [2018] EWCA Civ 418) failed.