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Misconduct: Dismissal for pornographic telephone calls was fair

This report relates to 1 case(s)

In finding that the dismissal of an employee for making telephone calls from his office to pornographic "entertainment numbers" was unfair, an industrial tribunal substituted its own view for that of the employer, holds the EAT in Marley (UK) Ltd v Duckworth. The tribunal failed to consider whether the employer had acted within the broad range of reasonable responses open to it. In the circumstances of the case, holds the EAT, the employer had not acted unreasonably and the dismissal was fair.