- Assertion of statutory right requires allegation of infringement not risk of future infringement (Spaceman v ISS Mediclean)
- What are the practical implications of this judgment?
- What is the relevant background?
- Relevant law
- Background facts
- Decision of the employment tribunal
- What did the EAT decide?
- Case details
Employment analysis: A claimant bringing a claim that his dismissal was automatically unfair under section 104(1)(b) of the Employment Rights Act 1996 (ERA 1996) because he asserted a statutory right must show that he made an allegation that there had been an infringement of a statutory right, not merely that his employer may, or would, or threatened to, or intended to infringe such a right, according to the EAT.
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