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Employment law brief: 9 August 2018

09 August 2018 / Ian Smith
Issue: 7805 / Categories: Features , Employment
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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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