M&B loses appeal over manager's hours

Mitchells & Butlers has lost its appeal against a court's decision to award damages to a manager for being forced to work excessive hours. The Transport & General Workers Union said the ruling puts new pressure on employers to tighten their working time policies.

Civil court judge Lord Phillips, sitting alongside other judges, unanimously dismissed the appeal by M&B to reverse an earlier court decision.

M&B manager Mark Hone was awarded £21,000 after he sued the company for a breach of duty of care.

He suffered a collapse and anxiety disorder at Old Moat House in Luton after working 90 hours in one week.

The manager regularly work-ed up to 13 hours a day when the pub was operated by Six Continents. He had no assistant manager, and other staff members had left.

'He repeatedly complained that he was working too many hours but nothing was done, said his lawyer Rhian Ashton. 'This case helps define how an employer can and cannot treat an employee in more detail than ever before.

Current UK law offers an opt-out from EU working time law; an employee must opt out if they want to work more than 48 hours per week.

The company approached Hone several times requesting an opt-out but he refused.

M&B said it was disappointed by the decision but insisted it held the health and safety of its employees in the highest regard.