Employment law 2014 preview: unfair dismissal

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Will dismissal always fall within the range of reasonable responses where gross misconduct is found? In Brito-Babapulle v Ealing Hospital NHS Trust, the tribunal found the employee had been guilty of gross misconduct and the consequential dismissal therefore fair.

However, the Employment Appeal Tribunal (EAT) held the tribunal was wrong to go from a finding of gross misconduct to the proposition that dismissal must then inevitably fall within the range of reasonable responses as this gave no room for considering whether, although the misconduct was gross and dismissal almost inevitable, mitigating factors might mean that dismissal was not reasonable…

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