1. for a dismissal to be automatically unfair under ERA 1996 s.104 (assertion of statutory right) it is not necessary that any statutory rights of the employee should have been infringed. The dismissal will be automatically unfair if the principal reason for it was the employee's claim that a statutory right had been infringed, provided the claim was made in good faith.

2. (obiter) that an Industrial Tribunal has no jurisdiction under ERA 1996 Part II (unlawful deductions from wages) unless and until a deduction has actually been made.

See UNFAIR DISMISSAL/assertion of statutory rights .