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10 June 2011 / John McMullen
Issue: 7469 / Categories: Features , Employment
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Adopting the right course

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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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