GFTU Emplaw Emplaw Emplaw

Joao v Jurys Hotel Management UK Ltd - A person may reasonably believe the law to be what in reality it is not [2011] EAT

It is an error of law for a tribunal to establish what the law actually is (for example, that it is lawful to require an employee to work nine consecutive night shifts), and then automatically conclude that a person could not reasonably believe it to be otherwise (and so, for example, raise a health & safety concern about it).

In February 2010 Mr Joao started a 6 month probationary period as a night porter with Jurys Hotel. He was given a rota to work whereby he would be working nine consecutive nights; he raised concerns about this with his manager questioning whether it met health & safety requirements. He was assured it was "OK". A few days later he was dismissed for gross misconduct having been given (so his dismissal letter claimed) an opportunity to improve his performance.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.