header-logo header-logo

Adopting the right course

10 June 2011 / John McMullen
Issue: 7469 / Categories: Features , Employment
printer mail-detail

John McMullen reflects on what’s reasonable in unfair dismissal cases

It has long been settled law that when deciding whether a dismissal is fair or unfair, an employment tribunal should consider the reasonableness of the employer’s conduct and not whether it considers the dismissal to be fair.

The tribunal must not substitute its own view as to what is the right course to adopt for that of the employer. In many, although not all, cases there is a band of reasonable responses to the employee’s conduct or other situation facing the employer within which one employer might take one view and another, quite reasonably, another. If a dismissal falls within the band it is fair. If it falls outside the band it is unfair.

Iceland Frozen Foods v Jones

This canon was laid down by the seminal EAT case of Iceland Frozen Foods Limited v Jones [1982] IRLR 439 (per Browne-Wilkinson P, applying dicta of Lord Denning MR in British Leyland (UK) Ltd v Swift [1981] IRLR 91, CA).

Some 20 years

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll