Information on the employment implications of health and safety laws, including express and implied contractual terms, employees who are subjected to a detriment for health and safety reasons or dismissed for the assertion of a statutory right, medical suspension, and conflict between health and safety laws and laws to prevent discrimination.
In this case, the employment tribunal found that a worker, who had refused to work more than 48 hours per week, was automatically unfairly dismissed by his employer.
The Employment Appeal Tribunal has held that the "refusal" or "proposed refusal" of a worker to accept his or her employer's contravention (or proposed contravention) of the Working Time Regulations 1998 (SI 1998/1833) must be communicated in advance to the employer.
In this case, the industrial tribunal in Northern Ireland described a small employer's decision to dismiss a young worker to avoid having to increase her pay from £4.00 to the national minimum wage rate of £4.92, when she reached the age of 18, as "callous".
This case involves an employee whose unfair dismissal was due to her asserting statutory rights regarding her pay.
Employees are protected against detriment and dismissal for taking time off for dependants, as the employer in this case found to its cost.
Employees with less than one year's service can still claim unfair dismissal in certain circumstances, as the employer in this case found to its cost.
In Tao Herbs & Acupuncture Ltd v Jin EAT/1477/09, the EAT held that the employer's ability to pay is not a relevant consideration for a tribunal when calculating compensation for unfair dismissal.
The Employment Appeal Tribunal has provided a reminder that employment tribunals should not take into account the employer's ability to pay when considering how much compensation to award an unfairly dismissed employee.
In McLean v Rainbow Homeloans Ltd  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.
HR and legal information and guidance relating to automatically unfair dismissals connected to the assertion of statutory rights.