We round up what caught Tribunal Watch's eye on Twitter in the week beginning 9 April 2012, including the Employment Appeal Tribunal decision in Ajayi and another v Aitch Care Homes (London) Ltd EAT/0464/11 (Microsoft Word document, 58K) (on the EAT website) that two employees who were dismissed after being found sleeping on duty were not automatically unfairly dismissed, despite their protests that they were exercising their right to a rest break at the time and refusing by conduct to accept their employer's failure to provide rest breaks. Their refusal to accept a contravention of the Working Time Regulations 1998 should have been communicated in advance to the employer.
