The full text judgment in this case is available free of charge on the BAILII website
Representation
David Bean Q.C. and Robin White for The Post Office, the employer in the first appeal.
David Reade for Mr. Foley, the applicant employee in the first appeal.
Peter McMasterfor HSBC Bank Plc., the employer in the second appeal.
Manjit S. Gill Q.C. and Edward Fitzpatrick for Mr. Madden, the applicant employee in the second appeal.
Authority for the proposition that:-
- notwithstanding recent rulings by the EAT to the contrary (see Haddon v Van den Bergh Foods Ltd EAT 1999 ) the traditional "band of reasonable responses" test for deciding whether dismissal of an employee accused of misconduct was fair or unfair is correct.
- unless and until the relevant statute (ERA 1996 s.98) is interpreted differently by the House of Lords or is amended by Parliament a tribunal must not substitute its own views for those of an employer in assessing the quality and weight of evidence which led the employer to dismiss an employee. Instead what a tribunal must do is consider whether, by the standards of a reasonable employer, the employer in question had established reasonable grounds for its belief that the dismissed employee had been guilty of misconduct and whether the employer's investigations into the matter were reasonable in the circumstances.
For relevant general notes go to Unfair dismissal/conduct and misconduct as reason for dismissal .
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prepared Aug2000.