This is a preview. To continue reading please log in or Register to read this article

Misconduct: Burchell guidelines revisited

This report relates to 1 case(s)

  • expand disabled

    Boys and Girls Welfare Society v McDonald [1996] IRLR 129 EAT (0 other reports)

An industrial tribunal "slavishly" applied the British Home Stores Ltd v Burchell guidelines in holding that a dismissal was unfair because the employer did not undertake a reasonable investigation of an employee's misconduct before dismissing him, holds the EAT in Boys and Girls Welfare Society v McDonald [1996] IRLR 129. The employer's decision to dismiss was based on the employee's own admissions. In those circumstances, where there was little conflict as to the facts, it was not appropriate for the Burchell guidelines to be applied in the way they were. Furthermore, the tribunal failed to take account of the overriding principle that a dismissal will be fair if, in all the circumstances, the employer acted within the range of reasonable responses open to it.