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Gtr Manchester Connexions Partnership v Hilton - The band of reasonable responses test [2009] EAT

In deciding whether misconduct is sufficiently serious to make dismissal the appropriate sanction an Employment Tribunal must consider whether dismissal was within the band of reasonable responses open to a reasonable employer and must not substitute its own reasoning for the dismissal.

Mr Hilton had been employed, since 1972, by the Greater Merseyside Connexions Partnership (or its predecessor) as an advisor giving guidance to young people as to their future careers. He had enjoyed the benefit of flexible working for some time, which was important to him as he has a disabled daughter. Up until an incident on 30 November 2007, he had an unblemished and excellent employment record.

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