[(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal relates to a prohibited list, and either—
(a) the employer contravenes regulation 3 of the 2010 Regulations in relation to that prohibited list, or
(b) the employer—
(i) relies on information supplied by a person who contravenes that regulation in relation to that list, and
(ii) knows or ought reasonably to know that the information relied on is supplied in contravention of that regulation.
(2) If there are facts from which the tribunal could conclude, in the absence of any other explanation, that the employer—
(a) contravened regulation 3 of the 2010 Regulations, or
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