Unfair Dismissal - The Band of Reasonable Responses

Posted in : Immigration and Employment Updates on 20 November 2015
Michael Black
Cleaver Fulton Rankin
Issues covered:

The recent Court of Appeal decision in Robert Newbound v Thames Water Utilities Limited [2015] EWCA is a reminder that although an employer’s decision must only be within the band of reasonable responses to be fair and a Tribunal cannot substitute its own view for that of the employer, the “band of reasonable responses” is limited.

The test to be applied in misconduct dismissals is long established and dismissal for misconduct will only be fair if:

  • The employer has carried out a reasonable investigation into the alleged misconduct;
  • The employer believes at the time of the dismissal that the employee is guilty of the alleged misconduct;
  • There were reasonable grounds for the employer having

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This article is correct at 20/11/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Michael Black
Cleaver Fulton Rankin

The main content of this article was provided by Michael Black. Contact telephone number is 028 9024 3141 or email m.black@cfrlaw.co.uk

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