Harrison v Aryma Ltd UKEAT/0085/19

Where employer and employee enter into what may be a protected conversations under s.111A Employment Rights Act 1996, if there is no or insufficient evidence as exceptions (in sub-ss (3) and (4) applying), an ET is not required to consider them off its own bat. If they do arise, however, it is important to realise that (although they may apply independently or together) they operate differently.