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London Waste Ltd v Scrivens - Tribunal failed to apply range of reasonable responses test to investigation process [2010] EAT

An employment tribunal's failure to correctly apply the range of reasonable responses test in relation to procedure led to this unfair dismissal finding being remitted by the EAT for re-hearing.

London Waste Ltd (LW) ran a waste recycling plant, where Mr Scrivens was a transport manager. There had been "bad blood" and series of grievances and counter-grievances between Mr Scrivens and one of his colleagues, but grievance procedures were suspended to allow for a full disciplinary investigation into a separate allegation that Mr Scrivens had removed bicycles from the site. This was a serious breach of company rules and would constitute gross misconduct. 

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