Misconduct: Band of reasonable responses test applicable to procedure as well as outcome

In a case where misconduct is admitted by the employee, the requirement of reasonableness in s.98(4) of the Employment Rights Act 1996 relates not only to the outcome in terms of the penalty imposed by the employer, but also to the process by which the employer arrived at that decision, holds the Court of Appeal in Whitbread plc (trading as Whitbread Medway Inns) v Hall 27.2.01. Put another way, the employment tribunal should not simply ask whether the outcome fell within the "band of reasonable responses" test, but should also apply that test to the procedure used in reaching that decision.