Labour & European Law Review
05 June 2008
The Government has recently agreed a deal with unions and employers giving agency workers in the UK equal treatment after 12 weeks in work.
Section 99 of the Employment Rights Act 1996 states that it is automatically unfair to dismiss an employee for taking statutory paternity leave if the reason or principal reason is “connected with” the leave.
Unfair dismissal law states that the onus is on the employer to prove the reason for dismissal. But what about a case involving alleged whistleblowing? The Court of Appeal has confirmed in Kuzel v Roche that the onus remains firmly on the employer.