Member

The Government are aware of cases in the courts which have raised concerns about employers relying on other reasons to dismiss employees who have made a protected disclosure. However, employment tribunal cases are fact specific. The Government believe that the tribunal is the right forum for these facts to be considered and that the tribunal has the specialist knowledge to establish whether an employee’s dismissal was principally for a fair reason or because of a protected disclosure. Before considering any amendment to legislation to change the test, it would be important to consider the evidence and issues and to look across the employment law framework on automatic unfair dismissal.