The employer appealed against a finding of unfair dismissal.
Held: In deciding whether the applicant had been unfairly dismissed for misconduct, the tribunal was free to consider whether the procedure adopted by the employer was reasonable, even where the applicant had admitted the misconduct. The band of reasonable responses test should be applied equally to both limbs of the test of the employers approach, substantial and procedural.
Judges:
Mantell LJ, Hale LJ
Citations:
Times 15-Mar-2001, Gazette 20-Apr-2001, [2001] EWCA Civ 268, [2001] ICR 699, [2001] Emp LR 394, [2001] IRLR 275
Links:
Statutes:
Employment Rights Act 1996 98(4)
Jurisdiction:
England and Wales
Citing:
See Also – Whitbread Plc (T/A Whitbread Medway Inns) v Hall EAT 18-Jan-1999
. .
Appeal from – Whitbread Plc (T/A Whitbread Medway Inns) v Hall EAT 19-Aug-1999
. .
Cited by:
Cited – J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 31 May 2022; Ref: scu.147455