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The Court of Appeal has held that compensation for injury to feelings is not available for failing to provide rest breaks under the Working Time Regulations 1998 (‘WTR’).
Pursuant to Regulation 12 (1) of the WTR, workers are entitled to unpaid rest breaks of 20 minutes when working for more than 6 hours per day.
Whilst workers may be required to remain at work or in close proximity to their workplace while taking a rest break, they should not be required to perform any duties.
Where an employer has infringed a worker’s entitlements under the WTR, a worker is able to bring a claim to the Employment Tribunal. An Employment Tribunal must make a declaration that the worker’s entitlements have been infringed and may make an award of compensation where the complaint is well-founded.
The amount of compensation is such as the Tribunal considers just and equitable in all the circumstances.
Injury to feelings awards have historically been made under discrimination legislation and have also been available in whistleblowing detriment claims. Conversely, compensation for unfair dismissal and breach of contract does not include compensation for injury to feelings.
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It’s that time of year again in which employers have to familiarise themselves with the increases in compensation limits, statutory payments and the National Minimum Wage.
The new rates for 2018/2019 are as follows:
Statutory payments for time off work:
Maternity/Adoption pay prescribed rate (max) | £145.18 |
Paternity pay (max) |
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