Misconduct: Applying the Burchell guidelines

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.