Chappell and Others v Times Newspapers [1975] 1 WLR 482 (CA); Hill v Parsons [1972] 1 Ch 305 (CA); Gryf-Lowczowski v Hinchingbrooke Healthcare NHS Trust [2005] EWHC 2407 (QB); Irani v Southampton & South West Hants HA [1985] ICR 590 (Ch)

Chappell and Others v Times Newspapers [1975] 1 WLR 482 (CA); Hill v Parsons [1972] 1 Ch 305 (CA); Gryf-Lowczowski v Hinchingbrooke Healthcare NHS Trust [2005] EWHC 2407 (QB); Irani v Southampton & South West Hants HA [1985] ICR 590 (Ch)
LECTURE 7

Unfair Dismissal (1)
Pitt, (9th edn) pp278-323 (but not pp310-312, ‘Redundancy’)

1. INTRODUCTION

N.B. All references to statute sections are to the Employment Rights Act 1996 ERA, unless otherwise stated.

Industrial Relations Act 1971
Donovan Report (Report of the Donovan Commission – published in 1968).
(a) Who may bring an unfair dismissal claim?

Qualifying employees

(b) Burden of Proof
1. Worker proves qualified employee
2. Employer proves principal reason for dismissal, and that it is a ‘fair’ reason (below)
(ERA 1996, s 98(1))
3. Burden neutral. Tribunal decides if fair. (ERA 1996, s 98(4)).
2. THE MEANING OF ‘UNFAIR’

Pitt (9th edn) 297 ‘The Standard of Review’

This is the central question in the statutory claim of unfair dismissal – was the dismissal fair or unfair?

Section 98(4), ERA 1996 states: ‘… the determination of the question whether the dismissal was fair or unfair (having regard to the reason shown by the employer)— depends on whether in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee, and shall be determined in accordance with equity and the substantial merits of the case.
(a) Reasonableness
(i) Band of reasonable responses test

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