Employment Law - Excessive Working Hours in Breach of Duty of Care, Essays (university) of Law

Download Employment Law - Excessive Working Hours in Breach of Duty of Care and more Essays (university) Law in PDF only on Docsity! Employment Law - Excessive Working Hours is Breach of Duty of Care Subject: Law Paper 2 The case of Mark Hone v Six Continents Retail Limited (2005), a pub landlord having collapsed because of overwork successfully sued his former employers within the County Court for breach of duty of care. Mr Hone, the claimant, started working for Bass (now Six Continents) as a pub manager in 1995 and in 1998 was awarded "Pub Manager of the Year". However, in 1999 he started working at The Old Moat House where he found himself working 13 hour days. He repeatedly complained to his employers that he was overworked but the employers took no action. He had no assistant manager and other staff members, who left, including two chefs and an administrative worker, were never replaced. Mr Hone, who had refused to sign a clause opting out of EU legislation that limits the quantity of hours an employee works, began suffering from headaches and insomnia. In May 2000, he collapsed at work suffering from a mental disturbance. In 2004, Mr Hone sued Bass for breaching the duty of care owed to him as an employee. The first instance court (Swansea County Court) held that: Bass had not taken reasonable steps to form sure that Mr Hone didn't beat 48 hours, which was likely to cause injury to his health, which resources were available to use more support staff for him; and Bass should pay Mr Hone £21,000 in damages. Six Continents (formerly Bass) appealed this decision to the Court of Appeal who upheld the Swansea County Court's judgment.