Tim Russell Tim Russell - Employment Law Consultant  
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Case of the Month
10/2019
Detriment or automatic unfair dismissal
In the EAT case of Pazur the EAT confirmed that in order to succeed in a claim for detriment or automatic unfair dismissal an employee needs to explicitly refuse to comply with a requirement imposed in contravention of the Working Time Regulations. In this instance a kitchen porter was denied his rights to a rest break (under Reg 10 WTR) and threatened with dismissal unless he fell into line. But in order to make a successful claim he had to refuse to accept this requirement rather than simply eg not turn up to work.
 
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