“…rt to come to an evaluative judgment. It is necessarily highly fact sensitive. See Mohamud at [50] and [54] per Lord Dyson; Weddall v Barchester Healthcare Ltd [2012] IRLR 307 per Aikens LJ at [68]; Maga v Archbishop of Birmingham & Anr[2010] 1 WLR 1441per Lord Neuberger MR at [43]; and Dubai AluminiumCo Ltd v Salaam & Ors[2003] 2 AC…”
“…valuative judgment. It is a question of law based upon the primary facts as found: Mohamud at [50] and [54] per Lord Dyson; Weddall v Barchester Healthcare Ltd [2012] IRLR 307 per Aikens LJ at [68]; Maga v Archbishop of Birmingham & Anr [2010] 1 WLR 1441 per Lord Neuberger MR at [43]; and Dubai AluminiumCo Ltd v Salaam & Ors [2003] 2…”