Ian Smith finds clarity in recent employment cases
- What is meant by an employer “refusing” a statutory break?
- How should a tribunal deal with a final warning that is of dubious validity?
- How should a tribunal deal with a redundancy conducted without acceptable consultation?
- What exactly is the burden of proof on the employer?
The four cases appearing in this month’s collection of random thoughts provide clear answers to four specific questions well known to employment lawyers. The first arises in the context of working time law—what is meant by an employer “refusing” a statutory break? The next two are questions arising in fairly standard tribunal proceedings for dismissal—how should a tribunal deal with (i) a final warning that is of dubious validity, and (ii) a redundancy conducted without acceptable consultation? The fourth question is specific to the statutory action for detriment short of dismissal—what exactly is the burden of proof on the employer?
When does an employer “refuse” a statutory break?
Regulation 30(1) of the Working Time Regulations 1998 (SI 1998/1833) allows a worker to complain
