Gomes v Higher Level Care Ltd Posted In: Case Law
Decision NumberUKEAT 0017_16_1805
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionWorking Time and Leave, Tribunal Practice, Procedures and Jurisdictional Issues
The business carried out by the respondent is the provision of accommodation and support for vulnerable young people. The claimant sought compensation, including for a failure to allow her rest breaks she alleged caused “damage on my health and well-being”. The tribunal found that the respondent did not allow her the statutory 20 minute rest break under the 1998 Regulations and awarded compensation of £1,220 under Reg 30(3)(b).
The claimant appealed the amount of compensation and argued she was entitled to compensation for injury to feelings. The Working Time Regulations state that:
"The amount of the compensation shall be such as the tribunal considers just and equitable in all the
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