Whether a dismissal is within the band of reasonable responses will be judged based on the knowledge of the person making the decision after a reasonable investigation, and not on the knowledge of other employees.

If a reasonable investigation did not reveal a fact known to another manager (in this case a mitigating circumstance), the employer is not deemed to have that knowledge when assessing whether dismissal was a reasonable response. (Orr v Milton Keynes Council, CA)

Related categories

Key contacts

Samantha Brown photo

Samantha Brown

Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London

Steve Bell photo

Steve Bell

Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne

Emma Rohsler photo

Emma Rohsler

Partner, Head of Employment, Pensions and Incentives, EMEA, Paris

Fatim Jumabhoy photo

Fatim Jumabhoy

Partner, Head of Employment & Workplace Investigations, Asia, Singapore