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Misconduct: Applying the Burchell guidelines

This report relates to 2 case(s)

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    Hamilton District Council v Howie EAT/349/94 (0 other reports)

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    Kirkcaldy District Council v Woodward EAT/349/94 (0 other reports)

In Hamilton District Council v Howie the EAT holds that an industrial tribunal erred in law by applying the BHS v Burchell [1978] IRLR 379 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. The EAT concludes that the tribunal reached a plain decision on a plain issue.