| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 291 (Oct) |
| Court: | Employment Appeal Tribunal, Scotland |
| Judge: | Lady Smith |
| Representation | The employee did not appear and was not represented. |
| The employer appeared by its representative. | |
| Judgment Dates: | 15 September 2006 |
Catchwords
Employment tribunal - Jurisdiction - Unfair dismissal - Tribunal refusing jurisdiction to hear employee's claim - Whether tribunal applying correct test - Whether tribunal erring in law - , ss 101(A), 108(3)(dd) - Working Time Regulations 1998, .
The Case
In the instant case, the employee alleged that he had been dismissed on the ground of his refusal to accede to his employer's proposal for weekend working. The employment tribunal refused jurisdiction to hear his claim on the ground that, inter alia, he had not accrued the relevant period of continuous service. On appeal it was held that the tribunal had erred in its application of the and, accordingly, the employee's claim was remitted to the tribunal.
Practice Areas
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