Employment Regulation – Extreme Working Hours – Breach of Responsibility of Care

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Within the case of Mark Hone v Six Continents Retail Restricted (2005), a pub landlord having collapsed because of overwork efficiently sued his former employers within the County Court docket for breach of obligation of care.

Mr Hone, the claimant, began working for Bass (now Six Continents) as a pub supervisor in 1995 and in 1998 was awarded “Pub Supervisor of the Yr”. Nonetheless, in 1999 he began working at The Outdated Moat Home the place he discovered himself working 13 hour days.

He repeatedly complained to his employers that he was overworked however the employers took no motion. He had no assistant supervisor and different employees members, who left, together with two cooks and an administrative employee, have been by no means changed.

Mr Hone, who had refused to signal a clause opting out of EU laws that limits the variety of hours an worker works, started affected by complications and insomnia. In Might 2000, he collapsed at work affected by an anxiousness dysfunction. In 2004, Mr Hone sued Bass for breaching the obligation of care owed to him as an worker.

The primary occasion courtroom ( Swansea County Court docket ) held that:

Bass had not taken affordable steps to make sure that Mr Hone didn’t work over 48 hours, which was more likely to trigger harm to his health, and that assets have been out there to make use of extra assist employees for him; and
Bass ought to pay Mr Hone £21,000 in damages.

Six Continents (previously Bass) appealed this determination to the Court docket of Enchantment who upheld the Swansea County Court docket’s judgment.

Remark: This case highlights the significance of not imposing extreme working hours on workers and guaranteeing that workers have ample employees assist.

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© RT COOPERS, 2005. This Briefing Notice doesn’t present a complete or full assertion of the law referring to the problems mentioned nor does it represent authorized recommendation. It’s supposed solely to spotlight basic points. Specialist authorized recommendation ought to at all times be sought in relation to explicit circumstances.

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