Commentary

A. Automatically unfair whistleblowing dismissal

Division CIII Whistleblowing
| Commentary

A. Automatically unfair whistleblowing dismissal

| Commentary

9.     Whistleblowing dismissal

Contributing Editor

IAN SMITH MA, LLB

of Gray's Inn, Barrister; Emeritus Professor of Employment Law at the University of East Anglia

A.     Automatically unfair whistleblowing dismissal

The ERA 1996 s 103A provides that:

''An employee who is dismissed shall be regarded … as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee made a protected disclosure'.'

The implications of this are that:

  1.  

    (1)     the dismissal is automatically unfair;

  2.  

    (2)     selection for redundancy on this ground is also automatically unfair (ERA 1996 s 105(1),(6A));

  3.  

    (3)     the

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