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Asserting statutory rights: Allegation of infringement of right must be reason for dismissal

This report relates to 1 case(s)

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    Mennell v Newell & Wright (Transport Contractors) Ltd [1997] IRLR 519 CA (0 other reports)

In Mennell v Newell & Wright (Transport Contractors) Ltd [1997] IRLR 519, the Court of Appeal holds that an employee may have the right not to be unfairly dismissed for asserting a relevant statutory right even though the employer has not actually infringed that right. It is sufficient if the employee has alleged that the employer has infringed the right, and that the making of the allegation was the sole or principal reason for the dismissal.