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Whistleblowing: Burden of proof

This report relates to 1 case(s)

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    Kuzel v Roche Products Ltd [2007] IRLR 309 EAT (0 other reports)

In Kuzel v Roche Products Ltd [2007] IRLR 309 the Employment Appeal Tribunal held that where a tribunal has jurisdiction to hear a complaint of unfair dismissal, it is for the employer to prove the reason for the dismissal, even where the employee alleges that the dismissal was for an automatically unfair reason. If the tribunal rejects the reason put forward by the employer, it may infer that the reason is the one argued for by the employee, if he or she has shown at least a prima facie case. However, it will remain open to the employer to persuade the tribunal, on the evidence, that the reason suggested by the employee was not the true reason for the dismissal.