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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, [2009] All ER (D) 179 (Mar)).

Second, following the House

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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