The Range of Reasonable Responses or a Stab in the Dark?
Dismissal
is always a sensitive subject; not only due to the inevitable implications for
an employee, but the complex and somewhat vague criteria that the employer must adhere to before terminating a contract.
Employment tribunals are to consider a dismissal as unfair if it fails to “fall within the range of reasonable responses”. In addition to being highly subjective in its very nature, the law throws an additional curve ball by expressly forbidding the judge from considering whether they personally would have dismissed the employee in the same circumstances; alternatively suggesting the tribunal ‘see through the eyes of the employer’ and adding a second subjective and rather unusual benchmark for judgment.
Issues relating to such an abstract test arose in the recent case of Rooney v Dundee City Council. Rooney had breached instructions given to her by her employers regarding cash handling; whilst this was done without intent or malice. She was given a final written warning and decid…
Employment tribunals are to consider a dismissal as unfair if it fails to “fall within the range of reasonable responses”. In addition to being highly subjective in its very nature, the law throws an additional curve ball by expressly forbidding the judge from considering whether they personally would have dismissed the employee in the same circumstances; alternatively suggesting the tribunal ‘see through the eyes of the employer’ and adding a second subjective and rather unusual benchmark for judgment.
Issues relating to such an abstract test arose in the recent case of Rooney v Dundee City Council. Rooney had breached instructions given to her by her employers regarding cash handling; whilst this was done without intent or malice. She was given a final written warning and decid…
