Asda Stores Ltd v Coughlan [2011] UKEAT 0453_10_1102 (11 February 2011)

Asda Stores Ltd v Coughlan [2011] UKEAT 0453_10_1102 (11 February 2011)

The Tribunal erred in law by substituting its own view for that of the employer regarding the reasonableness of dismissal for gross misconduct. On the facts, the dismissal for possession of unlawful drugs on the employer's premises was within the range of reasonable responses and thus fair.

Citation
[2011] UKEAT 0453_10_1102
Parties
Claimant: Mr Coughlan; Respondent: Asda Stores Ltd
Jurisdiction
United Kingdom
Judgment Date
11 February 2011
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment
Outcome
Appeal allowed; finding of unfair dismissal reversed; dismissal held to be fair.
Legal Topics
Unfair Dismissal, Gross Misconduct, Reasonableness of Dismissal, Employment Rights Act 1996
Employment Law Unfair Dismissal Gross Misconduct Reasonableness of Dismissal Employment Rights Act 1996

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Coughlan

Claimant

Asda Stores Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in substituting its own view for that of the employer in assessing the reasonableness of dismissal for gross misconduct
  2. 2 Whether the dismissal fell within the range of reasonable responses open to a reasonable employer

Ratio Decidendi

The Tribunal erred in law by substituting its own view for that of the employer regarding the reasonableness of dismissal for gross misconduct. On the facts, the dismissal for possession of unlawful drugs on the employer's premises was within the range of reasonable responses and thus fair.

Court Disposition

Appeal allowed; finding of unfair dismissal reversed; dismissal held to be fair.

Orders

  • The appeal is allowed.
  • The Employment Tribunal's finding of unfair dismissal is reversed.