Game Retail Ltd v Laws (Unfair Dismissal: Reasonableness of dismissal) [2014] UKEAT 0188_14_0311 (03 November 2014)

Game Retail Ltd v Laws (Unfair Dismissal: Reasonableness of dismissal) [2014] UKEAT 0188_14_0311 (03 November 2014)

The Employment Judge erred by substituting his own view for that of a reasonable employer and/or reached a perverse conclusion in finding the dismissal unfair. The Judge failed to properly engage with the public nature of the claimant's Twitter account, the connection to the respondent's stores, and the risk of offence to staff or customers. The matter is fact-sensitive and should be remitted for fresh consideration of the application of the range of reasonable responses test to the disciplinary sanction.

Citation
[2014] UKEAT 0188_14_0311
Parties
Appellant/respondent: Game Retail Limited; Respondent/appellant: Claimant (unnamed)
Jurisdiction
United Kingdom
Judgment Date
03 November 2014
Procedural Posture
Employment Appeal Tribunal Unfair Dismissal / Appeal From Employment Tribunal Judgment, Remitted for Reconsideration
Outcome
Appeal allowed; Employment Tribunal judgment set aside; case remitted for reconsideration by a new Employment Judge.
Legal Topics
Unfair Dismissal, Misconduct, Social Media Misuse, Reasonableness of Dismissal, Employment Rights Act 1996 S.98(4)
Employment Law Unfair Dismissal Misconduct Social Media Misuse Reasonableness of Dismissal Employment Rights Act 1996 S.98(4)

Case Brief

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Parties

Game Retail Limited

Appellant/respondent

Claimant (unnamed)

Respondent/appellant

Procedural Posture

Employment Appeal Tribunal Unfair Dismissal / Appeal From Employment Tribunal Judgment, Remitted for Reconsideration

Legal Issues

  1. 1 Whether the Employment Judge erred by substituting his own view for that of a reasonable employer in assessing the reasonableness of dismissal for social media misuse
  2. 2 Whether the Employment Judge's conclusion was perverse

Ratio Decidendi

The Employment Judge erred by substituting his own view for that of a reasonable employer and/or reached a perverse conclusion in finding the dismissal unfair. The Judge failed to properly engage with the public nature of the claimant's Twitter account, the connection to the respondent's stores, and the risk of offence to staff or customers. The matter is fact-sensitive and should be remitted for fresh consideration of the application of the range of reasonable responses test to the disciplinary sanction.

Court Disposition

Appeal allowed; Employment Tribunal judgment set aside; case remitted for reconsideration by a new Employment Judge.

Orders

  • Remitted to a new Employment Tribunal for determination of the application of the range of reasonable responses test to the question of disciplinary sanction.
  • Remission restricted to legal submissions on the issue; no further evidence to be adduced.