| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 32 (Mar) |
| Court: | Employment Appeal Tribunal |
| Judge: | Judge Peter Clark, Mr K Edmondson and Mr J Shrigley |
| Representation | Ruth Downing (instructed by BP Collins Solicitors, Gerrards Cross) for the employee. |
| John Bowers QC (instructed by Clarkslegal LLP, Reading) for the employer. | |
| Judgment Dates: | 2 March 2007 |
Catchwords
Unfair dismissal - Protected disclosure - Burden of proof - Employment tribunal rejecting potentially fair reason for dismissal advanced by employer - Proper approach to burden of proof - Whether tribunal bound to find dismissal due to employee making protected disclosure - , s 103A.
The Case
The proper approach to determining where the burden of proof lay in a complaint by an employee, who had sufficient service to qualify for ordinary unfair dismissal protection, that he had been dismissed for making a protected disclosure contrary to s103A of the Employment Rights 1996, was to consider: (i) whether the employee had shown that there was a real issue as to whether the reason advanced by the employer was not the true reason for the dismissal by advancing a case under s103A of the 1996 Act; (ii) if so, had the employer proved its reason for dismissal; (iii) if not, had the employer disproved the s103A reason advanced by the employee; and (iv) if not, the dismissal had been for the s103A reason. At no stage was it for an employee with qualifying service to prove the 103A reason he advanced.
Practice Areas
Lexis®Library
- Cases related to this particular case that are related to, or discuss this caseView related cases
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
