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48 Hour Maximum Working Week - Unfair Dismissal

by Philip

 The EAT has held that an employee who regularly worked in excess of 48 hours per week without complaint, can claim unfair dismissal when he is dismissed for not working even more hours at his employer’s request. This applies even if he does not have one year’s continuous service. The full case is here. The lesson from this case is a reminder to ensure that all employees who work in excess of 48 hours per week sign a valid opt out agreement. Do not assume that there is no problem just because an employee has historically worked long hours without complaining.

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