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Imprecise allegations.

Employment and Discrimination Law

Imprecise allegations.

Postby Hairyloon » Tue Dec 13, 2016 1:16 am

Employment Rights Act 1996 wrote:104 Assertion of statutory right.

(1)An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a)brought proceedings against the employer to enforce a right of his which is a relevant statutory right, or

(b)alleged that the employer had infringed a right of his which is a relevant statutory right...


I have found nothing in the Act that specifies how such an allegation would need to be made.
If, for example, the employee said to his mate down the pub something like "-ing boss hasn't paid me again", then that might be construed as an allegation of an unlawful deduction from wages.
If the boss heard of the comment and sacked him because of it, then would that meet the requirements of s104?
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Re: Imprecise allegations.

Postby dls » Tue Dec 13, 2016 5:58 am

I would want to check any requirement as to the circumstances, but I cannot think that it would be proper for an employer to sack some in these circumstances.
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