A recent appeal case shows that the range of reasonable
responses test really does have some teeth after all.
A dismissal for misconduct will be fair if the employer ticks
four boxes (and, of course, follows a fair procedure). The employer
must:
- carry out a reasonable investigation
- honestly believe the employee is guilty of the alleged
misconduct
- have reasonable grounds for that belief
and
- the dismissal must be within a range of reasonable responses to
the employee's misconduct, measured by the standards of a
hypothetical reasonable employer.
Facts
In Graham v Secretary of State for Work and Pensions, Graham had
worked for the DWP for 30 years, latterly as a manager in a
Jobcentre. Her record was exemplary. She helped a young man, Moss,
whose personal situation was very difficult and who was a friend of
a friend of her daughter's, to look for a job. It was alleged
that this help was given in breach of DWP rules. The investigating
manager
