Source: All England Reporter
Publisher Citation: [2002] All ER (D) 198 (Mar)
Court: Employment Appeal Tribunal
Judge:

Commissioner Howell QC, Mr D J Jenkins and Miss D Whittingham

Representation Anne Whyte (instructed by Jackson & Canter, Liverpool) for the employee.
  S Spencer of Jones & Warner for the employer.
Judgment Dates: 24 January 2002

Catchwords

Unfair dismissal - Determination whether dismissal fair or unfair - Employee making protected disclosures - Non-renewal of employee's employment at end of probationary period - Employee alleging dismissal based on his disclosures - Employment tribunal finding employee unfairly dismissed - Whether tribunal in error - Whether tribunal making adequate findings of fact to justify conclusion - , s 103A.

The Case

In the instant case, an employment tribunal had been in error in failing to direct its attention to whether the reason given by the employer, concerning the employee's performance at appraisal, had in fact been the reason which led to the employee's dismissal rather than whether it would have been unreasonable to dismiss the employee for making a protected disclosure under s103A of the .

Practice Areas

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