Gomes v Higher Level Care Ltd [2016]

Posted In: Case Law
  • Decision Number
    UKEAT 0017_16_1805
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Working Time, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Working Time Regulations 1998; Rest Breaks; Compensation Award; Injury to Feelings

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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This article is correct at 20/05/2016

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