Gomes v Higher Level Care Ltd [2018] EWCA Civ 418

Appeal against a decision by the ET, and upheld by the EAT, that the ET does not have the power to make an award of compensation for injury to feelings where there has been a breach of the Working Time Regulations 1998. Appeal dismissed.

In a decision on liability the EJ had found that the Respondent had failed to provide the Claimant with the 20 minute rest breaks required by WTR Regulation 12. The parties had agreed that the Claimant was entitled to an award of compensation under WTR Regulation 30 of £1,220 in respect of pecuniary loss. The issue for consideration in the appeal to the EAT was whether the EJ erred in law in holding that WTR Regulation 30 whether on its domestic law interpretation or read in accordance with Council Directive 2003/88/EC which the WTR implements, does not confer an entitlement to compensation for injury to feelings. The EAT dismissed the appeal (read the judgment here. Neither the Directive nor established principles of European law require the courts to construe WTR Regulation 30(4) so as to provide compensation for injury to feelings and the EJ was right to dismiss the claim. The Claimant appealed to the Court of Appeal.

The Court of Appeal dismissed the appeal. The wrong complained of was akin to a breach of contract and the natural remedy for that wrong was to make a payment of compensation for that time based on their rate of pay.


Published: 14/03/2018 11:39

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