This is a bit long winded but stay with me. my friend was recently dismissed from work under gross misconduct. During the build up and leading to the event, there were several examples of him not being involved in a safe system of work which I feel leaves him in a strong position when appealing his dismissal. there is however something I need a bit of guidance on. During the hearings and investigations prior to the disciplinary. He stressed that he felt he had been working a lot of hours up to the event as well as having personal issues such as his wife being off with stress etc. we’ve looked into it a bit and it turns out he hadn’t opted out of, or been given the option to opt out of the working time regulations. he was regularly working in excess of 48 hours a week over a 17 week period. Surely this is an example of the employer breaching the working time regulations? Want I was wondering, is if this gives him an Avenue to defend himself during the appeal? If not can he launch a case for wrongful dismissal? He hasn’t been directly employed for more than 2 years, he has worked there longer however before he was agency. So I’m assuming he couldn’t actually get unfair dismissal.