In 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 plaintiff, began working for Bass (now Six Continents) as a pub manager in 1995 and in 1998 he was awarded “Pub Manager of the Year”. However, in 1999 he began working at The Old Moat House, where he found himself working 13 hours a day.

He repeatedly complained to his employers that he was working excessively, but the employers took no action. He had no assistant manager and other staff members, who left, including two chefs and a clerical worker, were never replaced.

Hone, who had refused to sign a clause that excluded EU law limiting the number of hours an employee works, began to suffer from headaches and insomnia. In May 2000, she collapsed at work due to an anxiety disorder. In 2004, Mr. Hone sued Bass for violating his duty of care as an employee.

The trial court (Swansea County Court) held that:

Bass had failed to take reasonable steps to ensure that Mr. Hone worked no more than 48 hours, which would likely cause harm to his health, and that resources were available to hire 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, 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 support from staff.

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© RT COOPERS, 2005. This Information Note does not provide an exhaustive or complete statement of the law related to the topics 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.