EAT UNFAIR DISMISSAL – Reasonableness of dismissal
The Tribunal did not apply the objective test of the reasonable employer – the ‘range of reasonable responses’ test – when considering whether the employer operated a fair procedure. In particular the Tribunal did not address itself to this test when considering whether the employer should have required someone other than the employee’s line manager to chair the disciplinary proceedings against him.
The Tribunal did not start from the findings of the employer when considering whether dismissal was a reasonable sanction. It discounted from the employer’s findings even though (1) it had found the employer to have carried out a reasonable investigation and (2) the employer’s findings were patently reasonable in the light of the investigation.
Judges:
David Richardson J
Citations:
[2012] UKEAT 0005 – 12 – 1409
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 November 2022; Ref: scu.465539