Member

Amendment 125 would extend the circumstances where an employee is considered unfairly dismissed after making a protected disclosure. Under the Employment Rights Act 1996, a dismissal is automatically unfair where the sole or principal reason is that the employee made a protected whistleblowing disclosure. This sole or principal reason test also applies to other forms of automatic unfair dismissal, such as dismissal for attending jury service or for carrying out activities as a health and safety representative. The proposed new clause would mean that the protected disclosure would need to be only one of the reasons for the dismissal.