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Misconduct: Genuine belief in guilt must be based on reasonable grounds

This report relates to 1 case(s)

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    Granges Building Systems Ltd t/a Glostal Monarch v Hill EAT/666/99 (0 other reports)

The second limb of the three-fold Burchell test is a separate and important part of the analysis a tribunal should carry out when considering the reasonableness or otherwise of a misconduct dismissal, confirms the EAT in Granges Building Systems Ltd t/a Glostal Monarch v Hill 18.10.00 EAT 666/99. In this case, the tribunal was entitled to conclude that the employer acted unreasonably in deciding to dismiss the employee on the ground of his alleged misconduct, notwithstanding that it had a genuine belief in his guilt and had carried out a reasonable investigation into the matter. Under the second limb of the Burchell test, the tribunal found that, although the employer had made the right enquiries in the course of its investigation, the evidence against the employee was inadequate and unreliable. In those circumstances, the tribunal could not be faulted for concluding that the employer's belief in the employee's guilt was not based on reasonable grounds.