Employment Cases Update

Grange v Abellio London Ltd UKEAT/0304/17/JOJ

Date published: 12/03/2019

Appeal against the ET’s decision that the Claimant’s claim for breach of his entitlement to rest breaks (except in relation to a period of about two months) contrary to reg 12(1) Working Time Regulations 1998 (WTR) had been presented out of time; and cross-appeal by the Respondent against the ET’s award of compensation in respect of the period of claim for which it did have jurisdiction. Appeal and cross-appeal dismissed.

The Claimant was employed by the Respondent, and had previously brought a claim alleging breach of his entitlement to rest breaks contrary to reg 12 WTR, which was dismissed. When he appealed that decision, the Respondent first raised the issue that any complaint of refusal to provide rest breaks (except in relation to a period of about two months) was out of time pursuant to reg 30(2) WTR. The ET held that the Claimant's claim in respect of the two-month period succeeded, and awarded compensation in respect of that period. The Claimant appealed, arguing that the ET should not have considered the jurisdiction issue, since it had not previously been raised; and the Respondent cross-appealed against the award of compensation, asserting that it was, or included, an award for injury to feelings.

The EAT held, on the appeal, that once an arguable point had been raised before the ET, the Tribunal was bound to consider that question; and, on the cross-appeal, that the ET awarded the compensation in respect of personal injury which, on the evidence before it, it was entitled to do.

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