Human rights law has no significant impact on test for unfair dismissal

The Court of Appeal has ruled that an employee dismissed for issuing irregular and invalid train tickets for personal gain could not invoke human rights law in support of her claim for unfair dismissal. The Court also ruled that the well-established domestic test for determining fairness (”the band of reasonable responses”) was consistent with the proportionality test contained in Article 8(2) of the European Convention of Human Rights.