In the Court of Appeal counsel for the claimant submitted that it was for the ET to decide whether the dismissal was within reasonable bounds and not for the EAT to substitute their own views or at least the matter should have been remitted. ![]() A finding of fair dismissal was substituted. ![]() The Tribunal's decision was vitiated by one conclusion which was insupportable and others which involved substitution or failure to apply the reasonable responses test. The respondent appealed against the unfair dismissal decision and the claimant cross appealed against the deductions to her award. They reduced the claimant's award under the Polkey principle and for contributory fault. The ET found that her dismissal was unfair because dismissal did not fall within the range of reasonable responses. She was dismissed following incidents including sleeping on duty, not tending to an elderly resident who had had a fall, and falsifying records of when a patient had been attended for a drip feed. The claimant was a nurse working at a care home for the elderly.
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