Iceland Frozen Foods v Jones
The band of reasonable responses test explained
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Does the band of reasonable responses mean employers always win?
No. A dismissal that no reasonable employer would have made — because it was disproportionate, inconsistent with comparators, or procedurally unfair — falls outside the band. You need to show the dismissal was outside the range of reasonable responses, not just that you wouldn’t have done it.
How do I argue that my dismissal was outside the band?
Use comparators (others treated more leniently), proportionality (first offence, minor misconduct, long service), alternatives that weren’t considered, and procedural fairness. The more factors you stack, the stronger the argument.
Does redundancy use the band of reasonable responses test?
Yes. For redundancy, Williams v Compair Maxam [1982] adds five specific principles (warning, consultation, objective criteria, alternatives, fair selection). Breaching these is strong evidence of being outside the band.
My employer’s procedure was reasonable but the outcome seems harsh — is that unfair?
Possibly. The band applies to both decision and procedure. If the outcome is so disproportionate that no reasonable employer would have dismissed, the dismissal can fall outside the band despite a fair procedure.
Does an appeal remedy a flawed original hearing?
Only if the appeal is a full reconsideration, not a rubber stamp. A genuine, independent review can remedy defects, but an appeal that simply confirms the original decision doesn’t cure the original unfairness.
Iceland Frozen Foods v Jones
Last updated: April 2026
The tribunal must not substitute its own judgment — it must ask whether the dismissal fell within the band of responses a reasonable employer could have adopted.
Background — what happened in the case
Mr Jones was a store manager dismissed for reasons connected to a break-in at his store. The EAT (Browne-Wilkinson J) took the opportunity to set out the proper test for tribunals when assessing fairness of dismissal. This judgment has become the foundation of unfair dismissal law in the UK.
The band of reasonable responses test
The key principle: when assessing whether a dismissal was fair, the tribunal must not ask whether it would have dismissed the employee. Instead, it must ask whether the dismissal fell within the band of responses that a reasonable employer might have adopted.
Some employers would dismiss; some would not. The fact that one reasonable employer would not have dismissed does not make the dismissal unfair, as long as dismissal was within the range of responses. The range is objective — what would a reasonable employer do? — not subjective to the actual employer's view.
What this means for claimants
It makes dismissal cases harder to win than people expect. An employer can dismiss even where another employer wouldn't have — provided it wasn't outside the range. This is a substantial hurdle.
However: the range has limits. Manifestly disproportionate dismissals (first offence, minor misconduct, long service) can still fall outside the band. And the range applies to both the decision AND the procedure. A procedurally unfair dismissal is unfair even if the outcome falls within the band.
How to argue your case fell outside the band
Key arguments include:
- colleagues not dismissed for the same conduct
- Length of service vs seriousness:
- a long-serving employee dismissed for a first minor offence may be outside the band
- Nature of the offence:
- how serious was the conduct in context?
- Alternatives to dismissal:
- were redeployment, retraining, or warnings considered?
- whether any appeal happened and what it revealed
Later cases that refined Iceland
Foley v Post Office [2000] confirmed the test survives and applies robustly. The band of reasonable responses applies to the investigation and procedure, not just the decision to dismiss. A poor investigation can make a decision to dismiss unfair even if dismissal itself would have been reasonable with a proper investigation.
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Iceland Frozen Foods Ltd v Jones [1982] IRLR 439 (BAILII)
Questions people ask
Does the band of reasonable responses mean employers always win?
No. The band is not a blank cheque. A dismissal that no reasonable employer would have made — because it was disproportionate, inconsistent with comparators, or procedurally unfair — falls outside the band. The tribunal will find unfair dismissal. But the band does mean you need to show the dismissal was outside the range of reasonable responses, not just that you wouldn't have done it.
How do I argue that my dismissal was outside the band?
Show that no reasonable employer would have dismissed you in the circumstances. Use comparators (others treated more leniently), proportionality (first offence, minor misconduct, long service), alternatives that weren't considered, and procedure (was the investigation fair?). The more factors you stack, the stronger your argument that dismissal was outside the range.
Does redundancy use the band of reasonable responses test?
Yes, redundancy is assessed by the band test as well. But for redundancy, Williams v Compair Maxam [1982] adds five specific principles (warning, consultation, objective criteria, alternatives, fair selection). Breaching these is strong evidence of being outside the band for redundancy.
My employer's procedure was reasonable but the outcome seems harsh. Is that unfair dismissal?
The band of reasonable responses applies to both decision and procedure. A reasonable process with an unreasonable outcome can still be unfair. If the outcome is so disproportionate that no reasonable employer would have dismissed (first offence, minor misconduct, long service, inconsistent treatment), the dismissal falls outside the band despite fair procedure.
Does an appeal remedy a flawed original hearing?
Only if the appeal is a full reconsideration, not a rubber stamp. If the appeal decision-maker conducts a proper, independent review and reaches a different conclusion, the appeal can remedy a defective original process. But if the appeal simply confirms the original decision without genuine reconsideration, it doesn't cure the original unfairness.
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Iceland Foods v Jones [1982]
Employment Rights Act 1996