What are range of responses that are there for a person who is dismissed?

The second stage is to establish whether the dismissal was reasonable, and
that means whether the fair reason was sufficient to be also judged as reasonable.
Even if the employer proves a fair reason, it often falls over on procedure when the
tribunal looks at whether the decision was reasonable. A classic error is not giving
the employee warnings, disciplinary rules, details of the allegations, the right of
appeal or to be accompanied at a dismissal hearing, alternative employment options
before termination subject to the group’s size, or the chance to improve. Large
employers will be expected to be professional. A re-hearing can rectify an unfair
dismissal. To be unreasonable though, the employer’s conduct would have to be
outside the band of reasonable responses of any reasonable employer. Roughly
speaking, the conduct is reasonable if some decent employers would have handled
it differently, but unreasonable if no reasonable employer would have handled it
the same or the dismissal was not based on an honest and genuine decision on
reasonable grounds. The tribunal cannot take account of industrial pressure to sack
somebody. If the employee proves that there could have been a competing reason
then the burden shifts back to the employer to prove that their alleged reason was
the main one. The reason might not be as the employer said, as they might have
been wrong on facts or law, short of evidence, or have been trying to be kind to
the employee by dressing up capability as redundancy. The tribunal can decide the
reason was different to what either party claims, as long as it gives the parties the
chance to change their case. Employers can, at the risk of reducing credibility, plead
alternative reasons. Where the dismissal was the employee’s fault and he knew it,
a fake reason given by the employer does not automatically mean unfairness. To
prove the reason, the employer cannot dredge up what it did not know until after
the termination, nor can it blame events that happened after termination, although
this could all be relevant to the remedy available, e.g. the compensation could be
reduced to as low as nil. The employer can, however, take account of what happens
between giving notice and termination.

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Titany answered the question on December 3, 2021 at 05:33