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PAS Ltd v Burrows - Burden of proof in whistleblowing cases [2007] EAT

Ms Burrows won (by a 2 to 1 majority, the chairman, Mr Twiss, dissenting) a claim for unfair dismissal. The employer appealed. The dismissal had been caused by a health and safety issue following a protected disclosure.

The EAT has allowed the appeal to the extent that it has remitted the case back to the original tribunal. Following its ruling Kuzel v Roche just a few days earlier, the EAT confirmed that the "reversal of the burden of proof rules" applicable under anti-discrimination statutes do NOT apply in whistlebloing cases.

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