In Hamilton District Council v Howie the EAT holds that an industrial tribunal erred in law by applying the BHS v Burchell test at the stage of considering the reasonableness of a dismissal for misconduct under s.57(3) of the Employment Protection (Consolidation) Act. However, in Kirkcaldy District Council v Woodward, the EAT refuses to interfere with a decision that a dismissal for misconduct was unfair, although it was effectively reached on the application of the Burchell test alone.
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