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David Bradley, Head of Employment at Ramsdens Solicitors, has featured in People Management where he discusses whether employers had it too easy for too long when it comes to judging what is reasonable, when assessing the fairness of a dismissal.
David says: “Ask any employment lawyer about the tests to be applied to decide whether the dismissal of an employee will be judged fair in the eyes of the employment tribunal and they will refer you to a three-part test. The first part is section 98 of the Employment Rights Act 1996, and the second and third parts can be traced to precedent from the 1970s and 80s.”
He concludes that in practice, employers should apply to themselves an objective test of reasonableness in evaluating the risk that surrounds any claim and not rely on the ‘margin for error’ contained in the law as presently cast.
You can read David’s article on People Management website here.