Injury to Feelings Payable in Working Time Detriment Claims

A worker has the right not to be subjected to a detriment for refusing to comply with a requirement that breaches the Working Time Regulations 1998. In South Yorkshire Fire & Rescue Service v Mansell and others, the EAT held that tribunals may make injury to feelings awards in such cases.

Mr Mansell, a firefighter employed by South Yorkshire Fire & Rescue Service,refused to volunteer for a new shift pattern which contravened the Working Time Regulations.As a result ,he was compulsorily transferred  to another station and brought a claim  for detrimental  treatment.

The EAT,upholding the original decision,held that compensation to feelings may be awarded in working time detriment claims.With injury to feelings available  for other detriment claims under ERA, including whistleblowing and trade union membership,the EAT saw no reason why awards could not also be made for working time detriment claims.


UKEAT/0151/17/DM


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