9. Whistleblowing dismissalContributing EditorIAN SMITH MA, LLBof Gray's Inn, Barrister; Emeritus Professor of Employment Law at the University of East AngliaA. Automatically unfair whistleblowing dismissalThe 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) the dismissal is automatically unfair; (2) selection for redundancy on this ground is also automatically unfair (ERA 1996 s 105(1),(6A)); (3) the
IAN SMITH MA, LLB
of Gray's Inn, Barrister; Emeritus Professor of Employment Law at the University of East Anglia
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) the dismissal is automatically unfair;
(2) selection for redundancy on this ground is also automatically unfair (ERA 1996 s 105(1),(6A));
(3) the
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