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Misconduct: Reasonableness of dismissal depends on employer's knowledge at time of decision

This report relates to 1 case(s)

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    Asda Stores Ltd v Malyn [2001] All ER (D) 419 (Mar) EAT (0 other reports)

The EAT held in Asda Stores Ltd v Malyn 6.3.01 EAT 0066/00 and EAT 1112/00 that an employment tribunal was wrong to substitute its own view for that of the employer in deciding whether it was fair to dismiss an employee who had admitted being in clear breach of its rules. The proper question for the tribunal was whether dismissal was within a range of reasonable responses open to the employer, given its state of knowledge at the end of the disciplinary hearing.