range of reasonable responses
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Secretary of State for Business, Innovations & Skills v Howard & Howard UKEAT/0025/10/RN
Appeal against decision by the Tribunal which refused to make a prohibition order, precluding the respondents from running an employment agency. Appeal allowed: the Employment Tribunal decision was so flawed in its logic that the case was remitted to another Employment Tribunal.
- cases
30/06/2010 17:31
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National Amusements (UK) Ltd T/A Showcase Cinemas v Thomson UKEAT/0433/09/DA
Appeal against ruling that the claimant had been unfairly dismissed. The EAT found that the ET had substituted its views for that of the employer. Had they asked themselves whether the actions of the employer were within the range of reasonable responses, they would have answered in the affirmative. Appeal succeeded and the finding of unfair dismissal was set aside.
- cases
10/06/2010 18:08
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Enable Care & Home Support Ltd v Pearson UKEAT/0366/09/SM
Appeal against decision that the claimant was unfairly dismissed. The EAT overturned this ruling, saying that the ET had separated out the accusations and effectively watered them down, which led them to conclude that the behaviour of the claimant should have resulted in a warning rather than dismissal. The EATruled that the employer's actions did fall within the band of reasonable responses.
- cases
01/06/2010 14:50
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Milton Keynes General NHS Trust v Southcote Want UKEAT 0270/09/CEA
Appeal against finding that the claimant had been unfairly dismissed for gross misconduct after allegations that she had improperly assisted a friend to obtain employment at the hospital. The matter was returned to the ET for a rehearing.
- cases
28/04/2010 11:31
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Sarkar v West London Mental Health NHS Trust [2010] EWCA Civ 289
This is an appeal in relation to unfair dismissal. The hearing at the ET held that the claimant’s dismissal was unfair because it broke the bounds of reasonable responses. The EAT overturned this ruling and instead of remitting the matter to the same or different Tribunal, substituted their finding that the claimant was not unfairly dismissed. The appeal against this ruling was allowed, the judgment of the ET was restored and the matter was directed to proceed to a remedies hearing.
- cases
01/04/2010 17:59
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Samuel Smith Old Bewery (Tadcaster) Ltd v Marshall & Anor UKEAT/0488/09/ZT
Appeal against a finding by the ET that the claimants were unfairly dismissed: the employer had acted outside the range of reasonable responses in proceeding with a disciplinary hearing before holding a grievance appeal, where the grievance related to the subject matter of the disciplinary hearing. Appeal succeeded and the EAT substituted their decision, holding that the dismissals were fair.
- cases
31/03/2010 14:31
