Source: All England Reporter
Publisher Citation: [2005] All ER (D) 58 (Feb)
Court: Court of Appeal, Civil Division
Judge:

Mummery, Clarke and Wall LJJ
Representation Patrick Green (instructed by Jenny Watson) for the employee.
  Philip Engleman and Jonathan Cohen (instructed by City and Council of Swansea, Legal and Democratic Services) for the employer.
Judgment Dates: 3 February 2005

Catchwords

Employment - Unfair dismissal - Protected disclosure - Reason for dismissal - Employment tribunal failing to make findings in respect of protected disclosure - Correctness of decision - s 47B(1).

The Case

Where an employee claimed she had suffered detriment pursuant to s47B(1) of the there had been no deliberate act, or failure to act on the part of the employer that could have resulted in a detriment and the employee had been duly dismissed on 3 July 1999, the relevant period being only two days from the implementation of the amending provision. The employer had not deliberately failed to act by not terminating the employee's suspension; the employee had been on sick leave in any event and had been in the process of being dismissed following a capability hearing.

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