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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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