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Human rights has no impact on unfair dismissal test

In East Midlands Trains v Turner the Court of Appeal ruled that an employee sacked for issuing bogus train tickets could not invoke human rights law in support of her claim for unfair dismissal. The Court also ruled that the well-established domestic test for determining fairness – “the band of reasonable responses” test – was consistent with the proportionality test contained in Article 8(2) of the European Convention of Human Rights (the right to respect for private and family life should not be interfered with, except as allowed by law and which is necessary in a democratic society).

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