A Full Overview and Guide to UK Employment Law More Employment Tribunals Guide 2008 More Restrictive Covenants and Garden Leave More Statutory Disciplinary and Grievance Procedures More Strategies for Dismissing Senior Executives More The Issue of Misconduct More Wrongful Dismissal - Guide for Employees and Template Calculations More   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.