Case law has established that under section 98(4) a Tribunal must assess objectively whether dismissal fell within the "range of reasonable responses" available to the employer in the circumstances. A Tribunal must not substitute its own view on what was a reasonable response, for that of the employer. This case demonstrates the Tribunal's wide discretion in determining whether something falls within the "range of reasonable responses". Unless it can be demonstrated that the Tribunal's decision is based on an argument that it would have done things differently had it been the employer, the Tribunal's judgment will be hard to overturn on appeal.
TLT Solicitors, February 2011
Read this article in full
here.