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EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 10 December 1997 Before
JUDGE PETER CLARK : In this case the employee, Mrs Whicker, complained of unfair dismissal against her former employer, the appellant, J P Fitzpatrick (Cable TV) Ltd on the grounds that she was dismissed for an inadmissible reason, namely asserting a statutory right with the meaning of s. 104 of the Employment Rights Act 1996 . At the time of dismissal she had not completed two years continuous service, although no such qualifying period applies in such a case.
The first arguable point taken in the appeal we think, is whether the London (North) Industrial Tribunal wrongly placed the burden of proving the reason for dismissal on the employer, applying the judgment of the Court of Appeal in Smith v Hayle [1978] ICR 996 on the analogous provisions related to dismissal for trade union membership.
Finally, Mr Brown on behalf of the appellant has formally withdrawn the perversity ground of appeal advanced in the Notice of Appeal.
In these circumstance, this matter will proceed to a full appeal hearing on the two points which we have identified in this judgment only.
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