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Substitution mindset

January 5th, 2023 by James Goudie KC

In considering whether a misconduct dismissal was fair or outside the band of reasonable responses open to the employer and unfair, an Employment Tribunal must guard against a “ substitution mindset “, both in relation to the employer’s investigation and the decision to dismiss, and consider the fairness of the disciplinary process as a whole : Leicester City Council v Chapman (2022) EAT 178 at paras 31-37 inclusive.

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