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Assertion of statutory right requires allegation of infringement not risk of future infringement (Spaceman v ISS Mediclean)

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Published on: 22 February 2019

Published by a LexisNexis Employment expert

Table of contents

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

Article summary

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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