EAT UNFAIR DISMISSAL – Automatically unfair reasons
WORKING TIME REGULATIONS
An Employment Tribunal was right to hold that the ‘refusal’ or ‘proposed refusal’ of an employee to accept a contravention (or proposed contravention) of the Working Time Regulations by his employer had to be communicated in advance to the employer, and that accordingly s.101A of ERA 1996 did not operate to render unfair the dismissal of two employees found sleeping on duty, notwithstanding their subsequent assertion that they were exercising their rights to a rest break at the time, and refusing by conduct to accept their employer’s failure to provide for any break.
Judges:
Langstaff P J
Citations:
[2012] UKEAT 0464 – 11 – 0302
Links:
Jurisdiction:
England and Wales
Employment
Updated: 13 October 2022; Ref: scu.454073