This is a preview. To continue reading please log in or Register to read this article

McLean v Rainbow Homeloans Ltd

This report relates to 1 case(s)

  • expand disabled

    McLean v Rainbow Homeloans Ltd [2007] IRLR 14 EAT (0 other reports)

unfair dismissal | assertion of a statutory right | working time

In McLean v Rainbow Homeloans Ltd [2007] IRLR 14 EAT, the Employment Appeal Tribunal (EAT) has held that an employee was unfairly dismissed for asserting a statutory right when he refused to work extra hours that would have been a breach of the Working Time Regulations 1998.

The Working Time Regulations 1998 give workers the legal right to refuse to work more than an average of 48 hours a week, calculated over a reference period of 17 consecutive weeks, unless they opt out voluntarily. Employees who are dismissed for refusing to work hours that breach the Working Time Regulations 1998 can claim that they have been unfairly dismissed for asserting a statutory right.