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Employer’s belief that a disclosure was not protected is irrelevant

By May 26, 2017Uncategorized

The Court of Appeal has decided that, in a whistleblowing dismissal case, it is irrelevant that the employer genuinely believed that the employee’s disclosure was not protected. A disclosure will be protected if it meets the statutory conditions in Part IVA of the Employment Rights Act 1996 (ERA 1996), and this is an objective test. If the employer dismisses the employee for making a disclosure that a tribunal later finds was protected, the dismissal will be automatically unfair under section 103A of the ERA 1996