Tim Russell Tim Russell - Employment Law Consultant  
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Timothy Russell
24 Upper Mall
London W6 9TA

Tel/Fax: +44 (0)20 8741 4403
Mobile: +44 (0) 7767 646 656

Email: advice@tim-russell.co.uk

Case of the Month
  5/2008
Kurzel v Roche
In Kurzel v Roche the Court of Appeal played down the importance of the "shifting burden of proof" in unfair dismissal cases. It is clearly for an employer to show a potentially fair reason for dismissing an employee and this is going to be more difficult if the employee produces some evidence of a different reason. However the burden of proof does not shift to the employee and it is a reminder that both employer and employee should have good evidence as to why they think the dismissal took place.
 
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