Unfair dismissal: Tribunals should continue to apply band of reasonable responses and Burchell tests

Both the "band or range of reasonable responses" approach to the issue of the reasonableness or unreasonableness of a dismissal and the tripartite "Burchell test" remain binding on the Court of Appeal, as well as on employment tribunals and the EAT, holds the Court of Appeal in Post Office v Foley and HSBC Bank plc (formerly Midland Bank plc) v Madden 31.7.00 Court of Appeal. Unless and until the provisions of s.98(1), (2) and (4) of the Employment Rights Act 1996 are differently interpreted by the House of Lords or are amended by an Act of Parliament, that is the law that should continue to be applied to complaints of unfair dismissal.