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09 October 2015 / John McMullen
Issue: 7671 / Categories: Features , Employment
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Employment matters

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John McMullen discusses unfair dismissal & reasonableness

When examining an employer’s decision to dismiss, a number of well established principles come into play for the purposes of the test of fairness in s 98(4) of the Employment Rights Act 1996 (ERA 1996).

First, in relation to alleged conduct, the test for establishing a fair reason for dismissal is laid down by British Home Stores Limited v Burchell [1978] IRLR 379, [1980] ICR 303n. The employer must genuinely believe the employee is guilty of the conduct and hold that belief on reasonable grounds following a reasonable investigation. The employment tribunal then has to consider whether the employer’s decision to dismiss on the ground of that conduct fell within the range of reasonable responses available to a reasonable employer (Iceland Frozen Foods v Jones [1982] IRLR 439, [1983] ICR 17). An employment tribunal must not substitute its own view for that of a dismissing employer. In other words it must avoid a “substitution mind set” (London Ambulance Service NHS Trust v Small [2009] IRLR 563,

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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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