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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Wainwright v. M S A (Britain) Ltd [2002] UKEAT 1054_01_0602 (6 February 2002) URL: http://www.bailii.org/uk/cases/UKEAT/2002/1054_01_0602.html Cite as: [2002] UKEAT 1054_01_0602, [2002] UKEAT 1054_1_602 |
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At the Tribunal | |
Before
HIS HONOUR JUDGE WILKIE QC
MS N AMIN
MISS S M WILSON CBE
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING EX PARTE
For the Appellant | MR I WILSON (of Counsel) Appearing under the Employment Law Appeal Advice Scheme |
HIS HONOUR JUDGE WILKIE QC
"The Applicant had complained through his union MSF that the company were in breach of working time Regulations and the real reason for his dismissal was because the Applicant was trying to enforce his rights in relation to Working Time Regulations."
"An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee –
(a) refused (or proposed to refuse) to comply with a requirement which the employer imposed (or proposed to impose) in contravention of the Working Time Regulations 1998,…"
The only subsequent reference to the Working Time Regulations in the decision is in the very last sentence in which the Tribunal says:
"His complaint under the Working Time Regulations should be dismissed."
Therefore Mr Wilson contends that the decision itself in its formulation is flawed in that it does not reveal to Mr Wainwright how it is, or why it is, that his complaint that he was automatically unfairly dismissed pursuant to Section 101A has failed.