Employment Appeal Tribunal orders fresh hearing in case of whistleblowing lorry driver

Thursday 19 May 2011

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In Ross v Stobart Ltd the Employment Appeal Tribunal has ordered a fresh hearing in a case where the Tribunal had erred in finding that a worker suffered no detriment when he was required to work in excess of 48 hours per week over a 17 week period.

The EAT found that the claimant had suffered a detriment.

The EAT also held that where a worker is dismissed, after complaining of a breach of the Road Transport Working Time Regulations, that breach is relevant to his rights as a whistleblower and may be relevant to whether there has been a health and safety dismissal.

Click here to read the full judgment.

Mr Ross was represented in the Employment Appeal Tribunal by David Renton a member of Garden Court's Employment, Discrimination and Professional Regulation Team.

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