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20 April 2007
Issue: 7269 / Categories: Case law , Law digest
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Employment Law

Kuzel v Roche Products Ltd [2007] All ER (D) 32 (Mar) (EAT)

If an employee claims he was unfairly dismissed for whistle-blowing, the proper approach is to consider:

(i)   whether the employee has shown that there was a real issue about whether the reason advanced by the employer was not the true reason for the dismissal by advancing a case under s 103A of the Employment Rights Act 1996;

(ii) if so, have the employers proved their reason for dismissal;

(iii) if not, have the employers disproved the s 103A reason advanced by the employee;

(iv) if not, the dismissal was for the s 103A reason.  The employers’ failure to prove the reason relied on does not automatically result in a finding of unfair dismissal under section 103A.  However, rejection of the employers’ reason, coupled with the claimant having raised a prima facie case, entitles the tribunal to infer that the s 103A reason was the true one.

However, it remains open to the employers to satisfy the tribunal that the making of protected disclosures was not

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MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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