Sleeping on the Job
In Wray v JW Lees & Co, the EAT considered whether a requirement for a pub manager to sleep on the premises overnight meant that they should receive the national minimum wage for this period. It was held that as the claimant was not working during these periods, they could not be taken into account for the purposes of a national minimum wage claim, as she was not required to do any work during this time, and did not have responsibilities throughout the night.
The EAT has held that an employee who failed to respond to a letter from his employer saying that he would be taken to have resigned unless he contacted his employer was not ‘self-dismissed’. The Court held that a repudiation by an employee must be accepted by the employer if it is to be relied upon as terminating the contract, and the wording used by the employer in their letter to the employee did not reflect this. (Zulhayir v JJ Food Services Limited).
Unfairly dismissed for claiming unfair dismissal?
In M-Choice UK Limited – v – Alders, the EAT has held that where an employee is dismissed with notice expiring after a year’s service, but is then summarily dismissed before having attained a year’s service, their right to claim unfair dismissal is removed, as the second dismissal replaces the first. The employee’s complaint of automatic unfair dismissal (on the grounds that her summary dismissal was as a result of her issuing a tribunal claim, and therefore was as a result of her asserting a statutory right) is yet to be determined by the Tribunal.