JJ Food Service Ltd v Kefil (Unfair Dismissal : Reasonableness of dismissal) [2013] UKEAT 0320_12_1202 (12 February 2013)
The Tribunal did not substitute its own view for that of the employer and was entitled to find that dismissal, without a formal warning that further misconduct could lead to dismissal and without management training, was outside the range of reasonable responses for a reasonable employer. The decision was not perverse.
- Citation
- [2013] UKEAT 0320_12_1202
- Parties
- Claimant: Unknown (Claimant); Respondent: Unknown (Respondent)
- Jurisdiction
- United Kingdom
- Judgment Date
- 12 February 2013
- Procedural Posture
- Employment Appeal / Appeal Against Employment Tribunal Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Unfair Dismissal, Reasonableness of Dismissal, Gross Misconduct, Disciplinary Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Unknown (Claimant)
Claimant
Unknown (Respondent)
Respondent
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision
Legal Issues
- 1 Whether the Employment Tribunal erred in law by substituting its own view for that of the employer in finding unfair dismissal
- 2 Whether the Tribunal's decision was perverse in concluding dismissal was outside the range of reasonable responses
Ratio Decidendi
The Tribunal did not substitute its own view for that of the employer and was entitled to find that dismissal, without a formal warning that further misconduct could lead to dismissal and without management training, was outside the range of reasonable responses for a reasonable employer. The decision was not perverse.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
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