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Dismissed employee's safety fear was honest but not reasonable

This report relates to 1 case(s)

Section 57A(1)(c) of the Employment Protection (Consolidation) Act 1978 (the EPCA) makes a dismissal automatically unfair if an employee brought "to his employer's attention, by reasonable means, circumstances connected with his work which he reasonably believed were harmful or potentially harmful to health or safety". In Kerr v Nathan's Wastesavers Ltd, the Employment Appeal Tribunal (EAT) holds that although an employee honestly believed the circumstances to be harmful, he was not unfairly dismissed as the belief was not based on reasonable grounds.