Dismissals – the key developments

• A ‘disclosure of information’ attracting whistleblowing protection means giving facts, not simply stating a position or making a bare allegation (case 1).

• An employee may have a right to legal representation under Article 6 of the European Convention on Human Rights where internal disciplinary proceedings would have a substantial influence on his/her right to practice his/her profession (case 2).

• To be gross misconduct, the employee’s behaviour must be a deliberate and wilful contradiction of the contractual terms or amount to very considerable negligence (case 3).

• In the well known three-fold test for conduct dismissals set out in British Home Stores v Burchell, the burden of proof is on the employer only in respect of the first stage, but is neutral for the second and third stages (case 4).

• When finding constructive dismissal, a tribunal must identify the relevant contract term which the employer has breached, decide whether it was a fundamental breach and decide whether it was the effective cause of the employee’s resignation (case 5).