Michael SalterBarrister · Employment Law20+ years in the Employment Tribunal
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When Jhuti Doesn't Apply: Clarifying s.47B(1A) ERA in Henderson v GCRM

2 min readStage 2 · Presenting a Claim
When Jhuti Doesn't Apply: Clarifying s.47B(1A) ERA in Henderson v GCRM

In Henderson v GCRM Ltd [2025] EAT 136 the claimant, an embryologist dismissed for alleged misconduct, brought automatic unfair dismissal (s.103A ERA 1996) and whistleblowing detriment (s.47B ERA) claims based on protected disclosures. The EAT confirmed that Jhuti is confined to determining the reason for dismissal under s.103A and requires deliberate manipulation, or the invention of a false reason, by someone other than the dismissing officer; merely influencing the decision is insufficient. It further held that s.47B(1A) does not permit a 'composite' approach that attributes one person's motive to another's act. A person incurs personal liability only where they themselves subject the worker to a detriment on the proscribed ground.

From my chambers work. This is a short summary of my case note published at 42 Bedford Row.

Read the full case note on 42BR →

Key authorities

  • Ms Ann Henderson v GCRM Ltd Others [2025] EAT 136
  • Royal Mail Group Ltd v Jhuti [2020] ICR 731
  • Timis v Osipov [2019] ICR 655
  • Reynolds v CLFIS (UK) Ltd [2015] ICR 1010
  • Malik v Cenkos Securities plc [2022] ICR 911
  • William v Lewisham and Greenwich NHS Trust [2022] ICR 1255

Where this sits in a claim

1Informal Resolution
2Presenting a Claim
3Case Management4Prelim. Hearings5Disclosure6Witness Statements7Final Hearings8Remedies9Appeals

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