判决理由
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.
事实
Mr Jones was dismissed for the unauthorised consumption of food belonging to the company. The industrial tribunal found the dismissal unfair.
判决摘要
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.
关键引述
"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
后续处理
The 'range of reasonable responses' test was confirmed by the Court of Appeal in Foley v Post Office [2000].