Judgment approved by the court
Vaultex UK Ltd v Bialas
SUMMARY
UNFAIR DISMISSAL
The claimant in the employment tribunal was dismissed for having posted a racist “joke” on
the respondent’s intranet, which was used by all of its employees.
The employment tribunal found that the sanction of dismissal was outside of the band of
reasonable responses and so that the dismissal was unfair.
The respondent appealed on the grounds that, notwithstanding a correct self-direction as to
the law, the tribunal had not applied the band of reasonable responses approach to the
sanction, but had substituted its own view of the appropriate sanction for that of the
employer; and/or it had reached a decision that was perverse.
The appeal was upheld, and a decision substituted that the dismissal was fair.
Brent LBC v Fuller [2011] ICR 806 (CA) considered.
© EAT 2024
Page 2
[2024] EAT 19