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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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