Can you claim an injury to feelings award under the Working Time Regulations 1998 (“WTR”)?

24 May 2016

No. This was the answer that the EAT provided in the case of Santos Gomes v Higher Level Care Limited. We all know that under the Equality Act 2010, if the Claimant is successful in a discrimination claim, then they will also be compensated for injury to feelings.

In this case, the Claimant was successful in establishing that her employer had failed to provide her with the 20 minute rest breaks required under the (“WTR”). The Claimant contended that in addition to the compensation awarded under regulation 30(3)(b), she was also entitled to recover compensation for injury to feelings.

There is nothing in UK Law, EU Law or the Directive that provides for this. Having said that, if a worker fell ill due to lack of rest breaks then potentially a claim for compensation for damage to health might be made.

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