Source: All England Reporter
Publisher Citation: [2008] All ER (D) 130 (Aug)
Court: Employment Appeal Tribunal
Judge:

Judge Burke QC, Mr P Smith and Mr B Warman
Representation Dee Masters (instructed by Harpers) for the employee.
  Benjamin Burgher (instructed by Devonshire Solicitors) for the employer.
Judgment Dates: 22 August 2008

Catchwords

Employment - Unfair dismissal - Protected disclosure - Employment tribunal dismissing employee's claims of unfair dismissal based on alleged protected disclosures - Whether employee having reasonable belief in information disclosed - Whether tribunal erring in law - s 43G(1).

The Case

Employment Unfair dismissal. It was well established that the employee making the disclosure pursuant to and of the Employment Rights Act 1996 should have done so in good faith. If the recipient relied upon was the employer or other responsible person within s 43C, there was no requirement that the employee reasonably believed in the truth of the information disclosed. However, if the recipient was not the employer or did not fall within the classes of recipient specified in s 43C-F, and the employee relied, therefore, on s43G, then such a requirement existed.

Practice Areas

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