||All England Reporter
|| All ER (D) 306 (Jan)
||Employment Appeal Tribunal, Scotland
Lord Johnston, Miss J Gaskell and Miss A Martin
||Ross Pilkington (instructed by Russell Jones & Walker agents for Quantum Claims, Aberdeen) for the employee.
||Alexander Kemp of Burnside Kemp Fraser, Aberdeen for the employer.
||18 December 2003
Employment - Unfair dismissal - Reason for dismissal - Misconduct - Employment tribunal finding employer's decision to dismiss employee not within reasonable range of responses - Correctness of decision.
Where, as in the instant case, the employee was advancing in defence of a decision of his own which was admittedly serious misconduct, no substantial reason to support it at the time of the disciplinary hearing when given every opportunity to do so, that did not impose a further burden on the employer acting reasonably to ask questions further into that matter and dismissal was within the band of reasonable responses open to the employer.
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