EAT UNFAIR DISMISSAL – Reasonableness of dismissal
CONTRACT OF EMPLOYMENT – Wrongful dismissal
Application of the range of reasonable responses test to the sanction (dismissal) imposed by the employer for his reason for dismissal, genuinely held on reasonable grounds following a reasonable investigation.
Employment Tribunal watered down employer’s reason (set of facts or beliefs held by him, causing him to dismiss) in assessing the sanction question and impermissibly substituted their view for that of the employer.
By a majority, finding of unfair dismissal set aside. Finding of wrongful dismissal, raising a quite different question (was the employer in fact guilty of repudiatory conduct) could not be said to be perverse. Consequently, the finding of wrongful dismissal stands.
Judges:
Peter Clark J
Citations:
[2010] UKEAT 0366 – 09 – 2605
Links:
Employment
Updated: 18 August 2022; Ref: scu.416157
