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.
