Unfair Dismissal - Reasonableness Test

In the case of Nejjary v Aramark Ltd the Employment Appeal Tribunal considered what could be taken into account when determining whether a misconduct dismissal was fair.

The case concerned a hospitality manager who was disciplined for failing to a book a meeting, his "general lack of enthusiasm" and other misdemeanours. In the employer's view, each of these allegations amounted to gross misconduct on its own and the employee was dismissed. On appeal, the appeal panel discounted two of the allegations but upheld the failure to book a meeting. The appeal panel felt that this amounted to gross misconduct and upheld the decision to dismiss. The employee brought an unfair dismissal claim.