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Royal Mail v Adam & anor - "Range of reasonable responses" test in unfair dismissal conduct cases [2007] EAT

Two employees of Royal Mail were dismissed for gross misconduct, namely wilful delay of mail. An Employment Tribunal, by a majority, found the dismissal to have been unfair taking account of circumstances which included that the delayed mail was "junk mail".

The Royal Mail appealed and has won. The EAT ruled that dismissal was within the band or range of reasonable responses to the employeeÂ’s conduct and that "we can only conclude that the Tribunal reached a view that was not open to them".

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