Unfair Dismissal - The Band of Reasonable Responses

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