판결 이유
The function of the tribunal in unfair dismissal cases is to determine whether the dismissal fell within the range of reasonable responses open to a reasonable employer, not to substitute its own view of the right course to adopt.
사실관계
Mr Jones was dismissed for the unauthorised consumption of food belonging to the company. The industrial tribunal found the dismissal unfair.
판결 요약
The EAT held the tribunal had erred by substituting its own view. The correct test was whether dismissal fell within the band of reasonable responses that a reasonable employer might adopt.
주요 인용문
"The correct approach is to determine whether the decision to dismiss fell within the band of reasonable responses which a reasonable employer might have adopted."
— Browne-Wilkinson J
후속 처리
The 'range of reasonable responses' test was confirmed by the Court of Appeal in Foley v Post Office [2000].