EAT UNFAIR DISMISSAL
Reasonableness of dismissal
Burden of proof neutral under s.98(4) of the Employment Rights Act. Employment Tribunal wrong to apply burden on employer, applying Burchell as originally decided before Employment Act 1980 s.6 (see Boys and Girls v McDonald).
Reasonable investigation does not require employer to gather all available evidence.
Range of reasonable responses test; Employment Tribunal substituted own view for that of employer as to appropriateness of sanction of dismissal.
Appeal allowed. Result not plainly and unarguably right or wrong. Case remitted to fresh Employment Tribunal for rehearing
Citations:
[2009] UKEAT 0331 – 09 – 1211
Links:
Employment
Updated: 11 August 2022; Ref: scu.392535