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Unfair dismissal: Failure to apply 'band of reasonable responses' test correctly

This report relates to 1 case(s)

  • expand disabled

    Aitken v Weatherford UK Ltd [2005] All ER (D) 272 (Mar) CS (0 other reports)

Key points

In Aitken v Weatherford UK Ltd, the Court of Session holds that:

  • The EAT and the Court of Session (the Scottish equivalent of the Court of Appeal) were entitled to interfere with an employment tribunal decision, on the basis of a misapplication of the test for unfair dismissal. The tribunal's decision was declared perverse.