LIST OF CASES / London Ambulance Service v Small CA 2009

[2009] EWCA Civ 220, Court of Appeal on 17th March 2009, reported at [2009] IRLR 563

NOTES

London Ambulance Service v Small [2009] EWCA Civ 220, Court of Appeal on 17th March 2009, reported at [2009] IRLR 563

The full text judgment is available free of charge on the BAILII website

Representaion:-

Frederic Reynold QC and Ms Anya Palmer instructed by Beachcroft LLP for the Ambulance Service appellant

Stephen Marsh instructed by Messrs DH Law for Mr Small, the respondent.

Authority for the proposition that:-

in an unfair dismissal case, when applying the test of whether dismissal was within the "range of reasonable responses open to an employer", an employment tribunal must take into account facts reasonably known to the employer when dismissing the employee but must not take into account facts found by the tribunal which are disputed by the employer.

For relevant general notes see Unfair dismissal/conduct and misconduct as reason for dismissal and/or Unfair dismissal/fair or unfair?

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prepared March2009