Metrobus Ltd v Bauerfield - Tribunal substitutes its own view rather than applying the range of reasonable responses test [2007] EAT

Mr Bauerfield, a bus driver, was summarily dismissed for gross misconduct following internal disciplinary proceedings. Metrobus admitted that the statutory disciplinary procedure had not been strictly complied with but maintained (following 'Polkey') that he would have been dismissed even if it had been and that his conduct had contributed to his dismissal. Dismissing both arguments, the Ashford Employment Tribunal held the dismissal to have been automatically unfair because of Metrobus's failure to follow the statutory disciplinary procedures.

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