SPS Technologies Ltd v Chughtai (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0204_12_0312 (03 December 2012)

SPS Technologies Ltd v Chughtai (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0204_12_0312 (03 December 2012)

The Employment Tribunal majority erred in law by substituting their own assessment for that of the employer and failing to apply the correct legal test regarding the range of reasonable responses. The dismissal was within the band of reasonable responses, and the procedural defect was cured on appeal. The finding of unfair dismissal cannot stand.

Citation
[2012] UKEAT 0204_12_0312
Parties
Appellant: SPS Technologies Ltd; Respondent: Mr Chughtai
Jurisdiction
United Kingdom
Judgment Date
03 December 2012
Procedural Posture
Employment Appeal / Full Hearing of Appeal
Outcome
appeal allowed, claim dismissed
Legal Topics
Unfair Dismissal, Reasonableness of Dismissal, Contributory Conduct, Polkey Deduction, Disparity of Treatment
Employment Law Unfair Dismissal Reasonableness of Dismissal Contributory Conduct Polkey Deduction Disparity of Treatment

Case Brief

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Parties

SPS Technologies Ltd

Appellant

Mr Chughtai

Respondent

Procedural Posture

Employment Appeal / Full Hearing of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal majority substituted their view for that of the employer in assessing reasonableness of dismissal
  2. 2 Whether disparity of treatment between Claimant and Mr Fowler rendered dismissal unfair
  3. 3 Appropriateness of Polkey deduction and contributory conduct findings

Ratio Decidendi

The Employment Tribunal majority erred in law by substituting their own assessment for that of the employer and failing to apply the correct legal test regarding the range of reasonable responses. The dismissal was within the band of reasonable responses, and the procedural defect was cured on appeal. The finding of unfair dismissal cannot stand.

Court Disposition

appeal allowed, claim dismissed

Orders

  • Finding of unfair dismissal set aside
  • Claim dismissed