The Court of Appeal has brought to an end months of uncertainty foremployers over one of the most fundamental issues in unfair dismissal law. In the long-awaited case of HSBC v Madden it has re-established the”range of reasonable responses” test as the correct way for tribunalsto decide whether an employer’s decision to dismiss is reasonable. The test wasrubbished last year by the Employment Appeal Tribunal in the Haddon vs Van denBergh Foods case as making it too hard for individuals to win unfair dismissalclaims by ensuring only “perverse” decisions failed the test. The EAT also said a tribunal should put itself in the employer’s shoes andask if it would have dismissed in the circumstances. The ruling was criticisedby employers for making the decision on fairness subjective and turning thetribunal into a further level of appeal for dismissed employees. But the Court of Appeal said employers are the right people to disciplinetheir own workforce. Tribunals simply have to decide objectively if sanctionsare fair by considering whether they fall within a range of reasonableresponses that could have been made in the circumstances. It was for Parliamentand not the courts to decide if the law should be changed, the judges added. “This is a resounding victory for common sense, and there will be asigh of relief from employers,” said Colin Tweedie, senior employmentpartner at Addleshaw Booth, which advised HSBC. “The uncertainty caused by Haddon meant going to tribunal would havebecome far more of a lottery for employers. They were already becoming morecautious and making disciplinary procedures over-elaborate, or taking the lineof least resistance and avoiding dismissal.” Comments are closed. Unfair dismissal test standsOn 1 Sep 2000 in Personnel Today Previous Article Next Article Related posts:No related photos.
Tags: Big Sky/Northern Arizona Lumberjacks/SUU Thunderbirds Football FacebookTwitterLinkedInEmailCEDAR CITY, Utah (AP) — Keondre Wudtee passed for 289 yards and a touchdown and ran for 38 yards and two TDs, and Northern Arizona beat Southern Utah 28-20 to earn a sweep in the spring 2021 season.The Lumberjacks scored touchdowns on four of five straight possessions beginning with Wudtee’s 1-yard TD pass to Kevin Daniels with 7 seconds left in the first half. Wudtee scored his TD runs late in the third and early in the fourth quarter to make it 28-14.Justin Miller was 34 of 53 for 342 yards for the Thunderbirds and threw both of his touchdown passes to Landen Measom, who finished with eight catches for 112 yards. April 10, 2021 /Sports News – Local Northern Arizona beats Southern Utah 28-20 Associated Press Written by