the correct test in considering whether a dismissal is fair or unfair is not whether a reasonable employer would have dismissed the employee as opposed to imposing a lesser penalty but is "whether dismissal fell within the range of reasonable responses" open to the employer. The result is that if in any particular unfair dismissal case an employment tribunal takes the view that one reasonable employer might not have dismissed but that another reasonable employer might have done so, then the dismissal will have been fair dismissal.

For relevant general notes see Unfair dismissal/conduct and misconduct as reason for dismissal .