09 February 2018
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 compulsory 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 for working time detriment claims. With injury to feelings available for other detriment claims under the ERA, including whistleblowing and trade union membership, the EAT saw no reason why such awards could not also be made for working time detriment claims.