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Compensation for dismissal arising from unlawful detriment - Royal Mail Ltd v Jhuti [CA] 20.10.17 (Unreported)

Where an employee's line manager had misled the person who had taken a decision to dismiss a whistleblower but had himself no involvement in the actual dismissal, there was a strong argument for attributing his motivation to the employer, but that argument had been rejected by the majority in Orr v Milton Keynes Council [2011] EWCA Civ 62. There was, however, no obstacle to the employee recovering compensation for her dismissal arising from an unlawful detriment under the Employment Rights Act 1996 s.47B. That was a matter to be remitted to an employment tribunal in a remedy hearing.
Category: Employment » Dismissal; Remedies; Vicarious liability; Whistleblowing. Area(s) of law: Employment.
Source: [2017] EWCA Civ 1632.

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