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Bradford & Bingley Plc v McCarthy - common sense standards must be applied in considering burden of proof in unfair dismissal cases

In this case there was such substantial evidence of potential unfairness that as a matter of common sense the Employment Tribunal was entitled to expect the employer to call evidence to rebut prime facie unfairness and the fact that it took into account the employer's failure to do so did not mean that it had placed the burden of proof on the employer. 

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