Black Country Partnership NHS Foundation Trust v Herlock-Green (Unfair Dismissal: Reason for dismissal including substantial other reason) [2015] UKEAT 0035_15_1405 (14 May 2015)
The ET erred by substituting its own view for that of the employer, failed to apply the range of reasonable responses test, and did not adequately engage with the evidence of the Respondent's decision makers. The ET's reasoning was inadequate and its decision cannot stand.
- Citation
- [2015] UKEAT 0035_15_1405
- Parties
- Appellant Counsel: Miss Gemma Roberts; Respondent Counsel: Dr Mirza Ahmad
- Jurisdiction
- United Kingdom
- Judgment Date
- 14 May 2015
- Procedural Posture
- Employment Appeal / Appeal Against ET Judgment
- Outcome
- Appeal allowed; ET decision set aside
- Legal Topics
- Unfair Dismissal, Reasonableness of Dismissal, Procedural Fairness
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Miss Gemma Roberts
Appellant Counsel
Dr Mirza Ahmad
Respondent Counsel
Procedural Posture
Employment Appeal / Appeal Against ET Judgment
Legal Issues
- 1 Whether the Employment Tribunal applied the correct legal test for unfair dismissal
- 2 Whether the ET substituted its own view for that of the employer
- 3 Adequacy of ET's reasoning
Ratio Decidendi
The ET erred by substituting its own view for that of the employer, failed to apply the range of reasonable responses test, and did not adequately engage with the evidence of the Respondent's decision makers. The ET's reasoning was inadequate and its decision cannot stand.
Court Disposition
Appeal allowed; ET decision set aside
Orders
- Matter remitted for fresh hearing before a new Employment Tribunal
- Claimant ordered to pay £400 towards Respondent's costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment