The employee’s record

Whether dismissal is within the band of reasonable responses will depend in large part on an employee’s individual circumstances, including their previous record, and the kind of work they do.

Length of service and previous record should be taken into account when deciding whether an employee should be dismissed for misconduct, although there will be some acts of gross misconduct so serious that an employer can dismiss fairly regardless of an employee’s service record (Strouthos v London Underground [2004] EWCA Civ 402).

Dismissals for a single act of misconduct are usually beyond the band of reasonable responses, except in cases of gross misconduct (see page 43).