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21 November 2012
Issue: 7539 / Categories: Legal News
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Employer wins fake tickets case

Court of Appeal uphold sacking of train conductor

A train conductor sacked for selling fake tickets to passengers for personal profit could not rely on human rights law to support her unfair dismissal claim.

Ruling in Turner v East Midlands Trains [2012] EWCA Civ 1470, the Court of Appeal held that East Midlands Trains employee Heather Turner could not rely on Art 8 (respect for private life) where the damage to reputation was the foreseeable consequence of her own actions.

It held that the “band of reasonable responses” test for determining fairness was consistent with the proportionality test contained in Art 8(2) of the European Convention on Human Rights.

Turner was dismissed when her employer discovered she was selling tickets from a portable machine which classed them as “non-issues”, and keeping the proceeds. She brought a claim of unfair dismissal, arguing that Art 8 applied because her dismissal interfered with her relationships with colleagues and damaged her reputation and future job prospects. She argued the employment tribunal must apply a proportionality test rather than the “band of reasonable responses” test.

Dismissing the appeal, Lord Justice Elias said: “I am satisfied that, so far as procedures are concerned, the domestic test of fairness does not fall short of the procedural safeguards required by Art 8.

“In that context, I reject the appellant’s submission that the concept of proportionality is either a helpful or relevant one when considering the fairness of the procedures.”

Allan Finlay, partner at Kennedys, which represented East Midlands Trains, says: “This judgment is a welcome affirmation of the band of reasonable responses test for employers...Had the appeal been successful, defending unfair dismissal claims would have become much more of a lottery.”

Issue: 7539 / Categories: Legal News
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

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

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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