LRD guides and handbook May 2019

Law at Work 2019 - the trade union guide to employment law

Chapter 4

Injury to feelings 


[ch 4: page 133]

Compensation for injury to feelings can be awarded in a claim for detriment for asserting working time rights (sections 45A and 48, ERA 96): 


A group of firefighters were compulsorily transferred to another station when, with the support of their union, they refused to work under a new duty system called Close Proximity Crewing (CPC) imposed by the employer in breach of a collective agreement. The system was unlawful and breached the WTR. The EAT ruled that the firefighters could claim for injury to feelings for the detriments they 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 working patterns. 


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


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