Danlardy v Southwark Race Equalities Council - Assertion of statutory right [2006] EAT

The EAT sets out the three steps which must be considered to support an automatically unfair dismissal claim under Employment Rights Act 1996 s.104 (assertion of statutory right). First, has the employee alleged that the employer had infringed a right of his which is a relevant statutory right? Second, "to decide whether or not he has that right, has it been infringed"? Third, decide whether the claim to the right and the claim to the fact that it has been infringed has been made in good faith.

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