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An Employee v An Employer [2011]

Posted In: Case Law
  • Case Reference
    UD 82644/2009
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Contracts of Employment, Pay and Conditions of Employment
Issues covered: Unfair Dismissals Acts 1997-2007, Minimum Notice and Terms of Employment Acts 1973-2005; Organisation of Working Time Act 1997; Failure to consult with employees and seek their consent to change the terms and conditions of employment; Constructive dismissal


The claimant worked as a chef in the respondent’s licensed premises from July 2006. In October 2009, he was shown a new rota and was told he was expected to work six days a week, instead of his usual five. The claimant said this would mean he left home at 8am and would only return at 11pm six days a week. He told the Managing Director that he felt this was too much. The claimant alleges that the Managing Director said he was to work the six days or he would not have a job. In those circumstances the claimant resigned.


The Tribunal stated that there was no formal process

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This article is correct at 25/08/2011

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

David Fagan
Business Legal

The main content of this article was provided by David Fagan . Contact telephone number is +353 1 636 3165 or email David.Fagan@bizlegal.eu

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