Tesco Stores Ltd v Lockie [1995] UKEAT 187_95_3010 (30 October 1995)

Tesco Stores Ltd v Lockie [1995] UKEAT 187_95_3010 (30 October 1995)

The Tribunal found that dismissal was not within the range of reasonable responses open to a reasonable employer and that a reasonable employer would have taken action short of dismissal for the misconduct in question.

Citation
[1995] UKEAT 187_95_3010
Parties
Employee: Mr Lockie; Employer: Appellant (employer or predecessor)
Jurisdiction
United Kingdom
Judgment Date
30 October 1995
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Contributory Conduct, Disciplinary Procedure
Employment Law Unfair Dismissal Contributory Conduct Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Lockie

Employee

Appellant (employer or predecessor)

Employer

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the dismissal of Mr Lockie was within the range of reasonable responses open to a reasonable employer under Section 57(3) of the 1978 Act
  2. 2 Whether the finding of 50% contributory conduct was perverse

Ratio Decidendi

The Tribunal found that dismissal was not within the range of reasonable responses open to a reasonable employer and that a reasonable employer would have taken action short of dismissal for the misconduct in question.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed at preliminary stage