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13 April 2018 / Stephen Levinson
Issue: 7788 / Categories: Features , Employment
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Burchell & judicial jostling

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Stephen Levinson reflects on the uncertain future of the test for fair dismissals

  • Burchell & the band of reasonable decisions test.
  • Should a full panel replace the prevailing approach of making most unfair dismissal cases the province of judges sitting alone?

Mischievous and disingenuous are not adjectives usually applied to decisions of the Supreme Court. In their comments on what constitutes a fair dismissal made in the case of Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16, [2018] All ER (D) 82 (Mar) however, these words will be applied by some with a certain amount of justification.

What was the case about?

A female head teacher of a primary school had a close (non-sexual) relationship with a man who was convicted of making indecent images of children. Having taken advice she did not disclose the relationship or conviction to the school. The governors, however, later became aware of the relationship, suspended the head teacher and then dismissed her for the non-disclosure. A claim for unfair dismissal failed as did appeals

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