HSBC Bank plc v Madden

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HSBC Bank plc v Madden

Court	Court of Appeal of England and Wales
Decided	31 July 2000
Citations	[2000] EWCA Civ 330, [2000] ICR 1283
Court membership
Judges sitting	Nourse LJ, Mummery LJ and Rix LJ
Keywords
Unfair dismissal

HSBC Bank plc v Madden and Post Office v Foley [2000] EWCA Civ 330 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.^[1]

Facts

Mr Madden worked in two different HSBC branches (previously Midland Bank, the Enfield Town and Palmers Green branches) where three debit cards went missing, and he was present on two occasions. There was an internal investigation. Police came but found nothing. HSBC dismissed him anyway, because they could not find anybody else.

Tribunal found the dismissal was unfair because the investigation showed no evidence of anything. There should have been further investigation.

Judgment

The Court of Appeal held that the employer was entitled to dismiss him, and the Tribunal should not have substituted its view for the employers’. No reasonable tribunal could have said the investigation was not proper. Mummery LJ said the law is what was stated in Iceland Frozen Foods Ltd v Jones^[2] (not mentioning British Leyland UK Ltd v Swift^[3]) and said that Haddon v Van Den Bergh Foods Ltd^[4] was wrong to suggest that it was a perversity test. He said Parliament should change it, even though he was aware of opinions critical, and quoted Lord Nicholls in Inco Europe Ltd v First Choice Distribution [2000] 1 WLR 586, 592E on the separation of legislation and interpretation. He noted that Parliament had not acted to change the interpretations on the legislation, and so the reasonable range of responses test remained good.

v t e Unfair dismissal cases
ILO Termination of Employment Convention, 1982 C 158
Employment Rights Act 1996 ss 94-132
R (Seymour-Smith) v SS for Employment [2000] UKHL 12
Gisda Cyf v Barratt [2010] UKSC 41
Kwik-Fit (GB) Ltd v Lineham [1992] ICR 183
Western Excavating (ECC) Ltd v Sharp [1977] EWCA Civ 2
Buckland v Bournemouth University [2010] EWCA Civ 121
Adamas Ltd v Cheung [2011] UKPC 32
Notcutt v Universal Equipment Co Ltd [1986] EWCA Civ 3
Ford v Warwickshire CC [1983] 2 AC 71
British Home Stores Ltd v Burchell [1978] ICR 303
Iceland Frozen Foods Ltd v Jones [1983] ICR 17
Williams v Compair Maxam Ltd [1982] ICR 156
British Leyland UK Ltd v Swift [1981] IRLR 91
HSBC Bank plc v Madden [2000] EWCA Civ 3030
Polkey v AE Dayton Services Ltd [1987] UKHL 8
Port of London Authority v Payne [1993] EWCA Civ 26
Norton Tool Co Ltd v Tewson [1972] EW Misc 1
Dunnachie v Kingston-upon-Hull City Council [2004] UKHL 36
Nelson v British Broadcasting Corporation (No 2) [1980] ICR 110
see UK labour law and unfair dismissal

UK labour law

Notes

^ E McGaughey, A Casebook on Labour Law (Hart 2019) ch 18, 793
^ [1983] ICR 17
^ [1981] IRLR 91
^ [1999] ICR 1150

References

E McGaughey, A Casebook on Labour Law (Hart 2019) ch 18, 793

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Facts

Judgment

See also

Notes

References