Labor Law – Excessive Working Hours – Breach of Duty of Care

In the case of Mark Hone v. Six Continents Retail Limited (2005), a bar owner who collapsed due to overwork successfully sued his former employers in County Court for breach of duty of care.

Mr. Hone, the claimant, began 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 began 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 bosses and a clerk, were never replaced.

Hone, who had refused to sign an opt-out clause in EU law that limits the number of hours an employee works, began suffering from headaches and insomnia. In May 2000, she collapsed at work due to an anxiety disorder. In 2004, Mr. Hone sued Bass for breaching the duty of care owed to him as an employee.

The trial court (Swansea County Court) held that:

Bass had failed to take reasonable steps to ensure that Mr. Hone did not work more than 48 hours, potentially damaging his health, and that resources were available to hire more support staff for him; Y
Bass should pay Mr Hone £21,000 in damages.

Six Continents (formerly Bass) appealed this decision to the Court of Appeal, which upheld the Swansea County Court ruling.

Comment: This case highlights the importance of not imposing excessive working hours on employees and ensuring that employees have sufficient staff support.

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© RT COOPERS, 2005. This Information Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. Its sole purpose is to highlight general issues. Specialized legal advice should always be sought in relation to particular circumstances.