Ross v Eddie Stobart Ltd (Unfair Dismissal : Automatically Unfair Reasons): EAT 8 Aug 2013

EAT UNFAIR DISMISSAL – Automatically unfair reasons
Burden of proving the ‘whistleblowing’ reason for dismissal under s.103A Employment Rights Act 1996 lies on the employee who has insufficient continuous service to bring a claim of ordinary unfair dismissal. Smith v Hayle applied.
However, the case was not decided by this Employment Tribunal on the burden of proof. See observation of Mummery LJ in Kuzel v Roche, para. 55.
Claimant’s appeal dismissed (ET finding as to reason (conduct)) not a perverse conclusion.

Peter Clark J
[2013] UKEAT 0068 – 13 – 0808
Employment Rights Act 1996 103A
England and Wales
CitedSmith v Hayle Town Council CA 1978
In a case on the issue of sufficiency of qualifying service for bringing an ordinary case of unfair dismissal, the court considered the allocation of the burden of proof in employment cases.
Held: The burden is upon he who is seeking to rely . .
CitedMarley Tile Co Ltd v Shaw CA 1980
The employers were a well known roofing and tiling firm, Marley Tiles . The employer sought to impose post employment restrictions including a restriction on canvassing soliciting or dealing with customers in the whole of Devon and Cornwall. Within . .
CitedMaund v Penwith District Council CA 1984
The employee alleged that he had been dismissed for trade Union activities. The Industrial Tribunal held that he had the burden of proving that. The EAT disagreed.
Held: The appeal against the decision of the EAT failed.
Griffiths LJ . .
CitedDr Kuzel v Roche Products Ltd EAT 2-Mar-2007
EAT Unfair Dismissal – Automatically unfair reasons
Public Interest Disclosure
Section 103A of the Employment Rights Act 1996 inadmissible reason for dismissal – burden of proof – whether Protected . .
CitedKuzel v Roche Products Ltd CA 17-Apr-2008
The claimant had argued that she had been unfairly dismissed since her dismissal was founded in her making a protected disclosure. The ET had not accepted either her explanation or that of the employer.
Held: The employee’s appeal failed, and . .
CitedJackson v ICS Group of Companies Ltd EAT 22-Jan-1998
The claimant appealed against the dismissal of his unfair dismissal application. Not having two years continuous employment he had claimed the protection of section 100 as a whistleblower, but the Tribunal had found that there had been a Health and . .

Lists of cited by and citing cases may be incomplete.


Updated: 18 November 2021; Ref: scu.514355