Far from sleeping on the job, Ian Smith signs off for the summer with a hattrick & issues a spoiler alert
- Is a sleep-in carer entitled to the national minimum wage for the whole shift?
- Does a successful internal appeal against dismissal automatically revive the employment?
- Can an employee rely on the statutory extension of the effective date of termination if there has been a proper summary dismissal?
In the three cases considered this month, the Court of Appeal and the Employment Appeal Tribunal (EAT) have resolved three contentious questions in employment law:
- Is a sleep-in carer entitled to the national minimum wage (NMW) for the whole shift?
- Does a successful internal appeal against dismissal automatically revive the employment, even if the contract is silent on the matter?
- Can an employee rely on the statutory extension of the effective date of termination (where no notice has been given) if there has been a proper summary dismissal?
Spoiler alert: the answers are no, yes and no, which is preferable to
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