Tag

#band-of-reasonable-responses

14 cases tagged Band of Reasonable Responses.

Respondent won · Sept 2023

Assistant manager dismissed for using physical force on customers: tribunal upholds John Lewis decision

An assistant team manager with eight years' service was fairly dismissed after CCTV showed him pushing, grabbing and kicking members of the public. The tribunal rejected his claims of disability discrimination and unfair dismissal.

gross-misconductphysical-assaultcctv-evidence
Respondent won · Jul 2023

Investment director made redundant after team closure: tribunal upholds fair process

A commercial development director was fairly dismissed when his team was disbanded, despite a misleading statement by a managing director. The tribunal found a genuine redundancy situation and a fair consultation process.

redundancy-situationinvestment-management-team-closureconsultation-process
Respondent won · Jun 2023

Warehouse picker dismissed for lifting trolley in horseplay: dismissal fair despite long service

A warehouse picker with nine years' service was fairly dismissed for lifting an empty trolley to chest height as an act of horseplay. The tribunal upheld the employer's decision, finding it within the band of reasonable responses.

health-safetygross-misconducthorseplay
Respondent won · May 2023

Border Force officer dismissed for failing to disclose previous dismissal: employer's decision upheld

A former Border Force officer who failed to disclose a previous gross misconduct dismissal on his application was fairly dismissed. The tribunal found the employer's investigation and decision were within the band of reasonable responses.

failure-to-discloseprevious-dismissalemployment-gap
Respondent won · Apr 2023

Dismissed after 18 months of support for kidney failure: a fair capability decision

A finance assistant with 12 years' service was fairly dismissed for long-term sickness after her employer provided extensive support and considered redeployment. The tribunal upheld the decision, finding it within the range of reasonable responses.

long-term-sicknesskidney-diseaseoccupational-health
Respondent won · Mar 2023

Support worker dismissed for refusing face mask: tribunal upholds conduct dismissal

A support worker with 7 years' service was fairly dismissed after refusing to wear a face mask or a visor in the office. The tribunal found the employer acted within the band of reasonable responses.

covid-19face-mask-policyconduct-dismissal
Respondent won · Mar 2023

Civil enforcement officer dismissed for assaulting member of public: dismissal fair

An employment tribunal has upheld the dismissal of a civil enforcement officer who assaulted a member of the public by knocking a phone from their hand. All race discrimination and harassment claims were also rejected.

assaultgross-misconductband-of-reasonable-responses
Respondent won · Jan 2023

Sales agent dismissed for writing down customer details: gross misconduct dismissal upheld

An employment tribunal has upheld the dismissal of a sales agent with 11 years' service who wrote a customer's name and email address on an unauthorised document, finding that Sky Retail Stores Limited acted within the band of reasonable responses.

data-protection-breachgross-misconductcustomer-details
Respondent won · Dec 2022

Sales advisor dismissed for fraudulent signatures: employer's investigation was reasonable

A sales advisor with 9 years' service was dismissed for gross misconduct after an Insight Report flagged suspicious customer signatures. The tribunal found the employer's investigation and decision to dismiss were within the band of reasonable responses.

gross-misconductfraudulent-signaturesdocusign
Respondent won · Nov 2022

Dismissal for sexual assault upheld despite Asperger's syndrome defence

A Band 4 caterer with 14 years' service was fairly dismissed for pinching a colleague's bottom. The tribunal rejected his claim that his Asperger's syndrome caused the behaviour.

sexual-assaultaspergers-syndromegross-misconduct
Respondent won · Nov 2022

Delivery driver dismissed for speeding: a fair decision despite live warning

An online delivery driver with a live final written warning was fairly dismissed after speeding 30% over the limit. The tribunal upheld Sainsbury's decision, finding it fell within the band of reasonable responses.

speedingfinal-written-warningband-of-reasonable-responses
Respondent won · Nov 2022

Club secretary dismissed for sexual harassment after 20 years: fair dismissal upheld

A club secretary with 20 years' service was fairly dismissed for misconduct after two female employees alleged sexual touching. The tribunal found the golf club's investigation and decision were within the range of reasonable responses.

misconductsexual-harassmentanonymous-complainants
Respondent won · Oct 2022

Dismissed for removing tachograph card: fair decision despite procedural flaws

An LGV driver with 10 years' service was fairly dismissed for removing his tachograph card near the depot, the Manchester Employment Tribunal ruled, despite procedural shortcomings in the disciplinary process.

tachograph-cardgross-misconductstop-start-traffic
Respondent won · Sept 2022

15-year assistant store manager dismissed for cash refund breaches: dismissal fair

A Next assistant store manager with 15 years' service was fairly dismissed for gross misconduct after repeatedly bypassing cash-handling procedures to process refunds. The tribunal rejected her unfair dismissal claim.

gross-misconductcash-handlingrefund-policy