Mr Grange was employed initially as a bus driver before moving into a role where he monitored and regulated the bus services. He brought a claim against his employer (Abellio) for not allowing him adequate rest breaks, which every worker is entitled to under the Working Time Regulations 1998. The Regulations state that employees who work 6 hours or more in a day are entitled to a 20 minute rest break away from their workstation. Mr Grange had a medical condition which affected his bowel and he claimed that the lack of rest breaks caused him to suffer discomfort which was 'more than a minor inconvenience'.
An employment tribunal dismissed Mr Grange's claims and Mr Grange appealed to the EAT. Mr Grange was awarded £750 and the EAT held that the Employment Tribunal were permitted to award compensation for personal injury, which controversially departed from previous case law which held that the Employment Tribunal did not have this authority. Additionally, the EAT also held that tribunals should have the authority to deal with low value claims on a 'common sense basis' without the need for medical evidence.
This decision is likely to cause an increase in workers seeking compensation for personal injury where they have been denied rest breaks, if they can prove they have suffered 'discomfort' or injury as a result. It is expected that this will have particular impact in relation to the growing number of people suffering from back pain and other musculoskeletal problems.
However, there is now conflicting and confusing case law in this area which will need to be resolved by a higher court. It is not known if this decision will be appealed.