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Range of reasonable responses test appeal refused

In Turner v East Midlands Trains Ltd, the Court of Appeal held that the well known “range of reasonable responses” test in unfair dismissal cases does not have to be modified where, due to the consequences of a misconduct dismissal, e.g. possible damage to reputation, the employee’s right to a private life under Article 8 of the European Convention on Human Rights is potentially engaged. The Supreme Court has now refused Turner permission to appeal on the basis that the application did not raise a point of law which ought to be considered by the Supreme Court at this time. Whatever the merits of re-examining the ‘test’, in the Supreme Court’s view, this was not an appropriate case in which to do so.

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