A case at an Appeal Tribunal has looked at rest breaks, specifically the need for 20 minutes break if a worker works 6 hours or more. The case is Grange v Abellio London and concerned a bus controller.
The employee used to work an 8.5 hour day, with a half hour for lunch. It was admitted that he often found it hard to take that break. However, in 2012 the employer instructed the employee to work straight through for 8 hours and just leave half an hour early.
The Appeal Tribunal has set out a judgment that can be said to give the London Employment Tribunal a lesson in judging the fairness of a redundancy consultation. In this respect, it is essential reading for employers wishing to avoid unfair dismissal when consulting during a redundancy.
n the case of Bandara v BBC (2016) the Appeal Tribunal has examined how to determine if a dismissal was fair when there was an inappropriate final warning on the employee’s record.
It is important to put the facts of this judgment into context. The employee had an unblemished record for nearly 18 years. Then, with a change in management, he committed two offences, three and a half months apart (March and July), that resulted in a disciplinary hearing and a final warning issued eventually in November.
The case of Tomasz Kroker who killed a mother and 3 children because he was looking at his phone while driving has highlighted a risk to employers who do not take driver discipline seriously.
The driver, convicted and sentenced to 10 years in prison this week, is a reminder to employers about the importance of strict discipline for drivers and rules regarding distractions.