In Grange v Abellio London Ltd 20 minute rest breaks were not made available on 14 days in breach of Reg 12 of the Working Time Regulations 1998 (WTR). G suffered no financial loss, but the ET awarded him £750 because of the impact of not having breaks on his pre-existing medical condition, i.e. the failure to eat properly caused him discomfort and distress due to a colon ailment. The employer appealed arguing that the Court of Appeal in Santos Gomes v Higher Level Care had held that compensation for a breach of the WTR could not include injury to feelings which in turn barred personal injury awards. The EAT dismissed the appeal. The ‘distress’ G suffered was linked to his ‘discomfort’ resulting in physical anxiety overall. Therefore, the award was for personal injury, not injury to feelings, and Santos Gomes did not bar a personal injury award as the issue never arose in that case.

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