Source: All England Reporter
Publisher Citation: [2012] All ER (D) 351 (Oct)
Court: Employment Appeal Tribunal

Langstaff J

Representation The employee appeared in person.
  Caroline Musgrave (instructed by Kennedys Solicitors) for the employer.
Judgment Dates: 3 October 2012


Employment - Victimisation - Protected disclosure - Detriment - Employee making protected disclosure - Employee becoming ill - Employee not returning to work - Employee resigning - Employment judge finding employee's claim that suffering detriment by reason of making public-interest disclosure within time - Judge refusing to strike out part of employee's claim - Whether tribunal erring - .

The Case

Employment Victimisation. The Employment Appeal Tribunal found that the employment tribunal had erred in failing to identify what was the act, or deliberate failure to act, causative of detriment. However, it found that the employment tribunal had been correct in finding that the employee's claim for holiday pay should not be struck out.

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