James v Public Health Wales NHS Trust

Employment tribunal – Procedure. The employee had previously brought claims against the employer in respect of unlawful deductions. The employee later brought a claim against the employer, alleging that her dismissal had been unfair and by reason of having made public interest disclosures. The employment tribunal regarded the claim as an abuse and struck out those parts of the claim. The Employment Appeal Tribunal, in allowing the employee's appeal, determined that the judge had, inter alia, erred in having placed heavy emphasis on the delay in bringing the claims and had failed to show that he had appreciated the very great difference between the unlawful deduction claims and the more complex, demanding claims involving whistleblowing.

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