Composite reason for OFSTED inspector’s dismissal fell outside the range of reasonable responses

Table of contents

• What are the practical implications of this judgment?
• What is the relevant background?
• Relevant law
• Background facts
• Decision of the EAT
• What did the Court of Appeal decide?
• Case details

Article summary

Employment analysis: In Hewston, the Court of Appeal upheld the EAT’s decision that the employee’s dismissal for the ‘composite reason’ of substantive conduct (which in itself did not justify dismissal) and failure during the disciplinary process to show proper contrition or insight was unfair. The Court of Appeal found that, as a general proposition, the use by an employer of such a reason where the misconduct itself could not justify a dismissal would be likely to lead to a finding that the decision to dismiss was outside the range of reasonable responses available to the employer.