EMPLOYMENT

Where an employee alleges his dismissal was automatically unfair because he made a protected disclosure, he has to establish a reasonable belief that the information being disclosed tends to show one or more of the situations identified in the Employment Rights Act 1996, sub-ss 43B(1)(a) to (f). A tribunal hearing a claim for automatic unfair dismissal has to make three key findings:

(i) whether or not the employee believed that the information he was disclosing met the criteria set out in one or more of sub-ss 43B(1)(a) to (f);
(ii) whether or not, objectively, that belief was reasonable; and
(iii) whether or not the disclosure was made in good faith.