Unfair Dismissal - The Band of Reasonable Responses

Posted in : Quarterly Reviews on 20 November 2015
Michael Black
Cleaver Fulton Rankin

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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

This article is correct at 20/11/2015
Disclaimer:

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

View all articles by Michael Black