Posted By MP Greetings all. Does anyone know of any cases, prosections, accidents, etc. that were directly attributable to working excessive hours? I'm thinking of 70 hours or so in an average working week. I need some facts to bring to the attention of a company that will illustrate the need to modify the work patterns. Many thanks MP

Posted By Jonathan Breeze This civil case was reported fairly recently: http://news.bbc.co.uk/1/...and/bradford/6587995.stm I don't know of any prosecutions though.

Posted By Bob Baynes There was of course the case of R. v Gary Neil Hart – the Selby rail crash. Another driving related case can be found at : http://www.roadsafe.com/...summer/legislation.html. Whilst the latter was a driving situation, I cannot see the courts treating someone seeking compensation from any other accident attributable to long hours much differently, particularly if they have had, and ignored, advice given them. Regards, Bob.

Posted By MP Thanks chaps... Forgot about Selby Cheers MP

Posted By H Klinkenberg Two cases that might be of use: CASE - Intel Corporation (UK) Limited v Daw - 7 February 2007 relates to ability to cope with excessive workloads. Key implications (from Personnel Today web site) This is an important decision, since the Court of Appeal has made it clear that where an employee is experiencing stress relating to excessive workloads, the presence of a workplace counselling service will not automatically serve to discharge the employer's duty of care in stress claims. Even if an employer has systems in place to support staff who are suffering from work-related stress, this is no substitute for putting an action plan in place to reduce their workload. Failure to do so will result in the employer being found to be negligent. A failure by management to combat work-related stress - when made known to it - is likely to lead to a finding that the employer has failed to discharge its duty of care owed to its staff. The court also accepted that the employer did not have prior knowledge that the employee was susceptible to work-related depression. But despite this lack of knowledge, the employer was still held liable, because it was aware of Daw's excessive workload. Employers must put measures in place to reduce workloads when receiving complaints from staff who cannot cope. Otherwise, you will risk paying considerable damages in claims for personal injury caused by the working environment. CASE - Pakenham-Walsh v Connell Residential July 2006 Comment (from Personnel Today web site) This case demonstrates, an employee who voluntarily works excessive hours without complaint will encounter real difficulty in holding their employer liable for a stress-related injury. The court pointed out that the company's conduct, particularly its lack of records and seeming disregard for the WTR, created a favourable background for such a complaint. Had the company properly monitored Pakenham-Walsh's excessive overtime hours and lack of leave, her court case (and the costs associated with it) might have been avoided. Hope these are useful Humphrey Klinkenberg