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Clark-Darby v Centaur Media Plc - failure to mention disclosure in witness statement led tribunal to conclude that it was never actually made - EAT 17.12.07

The EAT upheld an employment tribunal's conclusion in this case that, despite her claims, Ms Clark-Darby had not in fact ever made a protected disclosure to her employers - which might have enabled her to succeed in a claim of unfair dismissal where she did not otherwise have the necessary 12 months qualifying service. It was a conclusion properly open to them on the facts. A point which was particularly persuasive was that, despite Ms Clark-Darby referring to the alleged disclosure in her tribunal claim form, it was not mentioned in her witness statement.

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