Source: All England Reporter
Publisher Citation: [2010] All ER (D) 112 (Nov)
Court: Employment Appeal Tribunal

Lady Smith, Miss J Gaskell, and Mr M Smith

Judgment Dates: 18 August 2009


Unfair dismissal - Determination whether dismissal fair or unfair - Dismissal for misconduct - Employer dismissing employee for gross misconduct - Employment tribunal deciding dismissal unfair - Whether tribunal erring.

The Case

Unfair dismissal Determination whether dismissal fair or unfair. The Employment Appeal Tribunal (the EAT) allowed the employer's appeal against a decision of the employment tribunal that the employee's dismissal was unfair. The EAT decided that the tribunal had fallen into error not only by failing to have regard to the range of reasonable responses test, but by substituting its own view for that of the reasonable employer.

Practice Areas

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