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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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Clarke Willmott—Anita Rasaratnam

Clarke Willmott—Anita Rasaratnam

Clarke Willmott strengthens social housing development offering with senior London appointment

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Trowers & Hamlins—David Meecham

Trowers strengthens Birmingham real estate team with partner hire

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan expands private client and regulatory teams with new legal directors

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