'Person' as in Section 13

Nicholas Bohm nbohm at ernest.net
Fri, 06 Aug 1999 16:28:56 +0100


At 03:09 PM 8/6/1999 +0100, Brian Morrison wrote:
>On Fri, 06 Aug 1999 14:41:23 +0100, Nicholas Bohm wrote:
>
>>>If they
>>>were to comply, and were subsequently dismissed for doing so, would they
>>>have any claim to unfair dismissal?  
>>
>>Probably, since they acted under legal compulsion; but this argues for
>>conferring a special legal immunity for the making of a disclosure in good
>>faith in the belief that it was compelled by a clause 10 notice.
>
>Surely, if they comply with the request, they could then only be
>dismissed if the company were informed of the disclosure, and that
>would itself constitute "tipping off" would it not?

The company might find out some other way, perhaps.

Regards,

Nicholas Bohm

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