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17 March 2015 0 Comments
Posted in Uncategorized

“Reasonable” investigation into misconduct is all that is needed

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In Shrestha v Genesis Housing Association Ltd, the Court of Appeal has dismissed an appeal against a Tribunal decision which was upheld in the EAT that an employee was fairly dismissed for gross misconduct. It felt that the Tribunal had properly applied the Burchell test of reasonableness and was entitled to find that the employer had indeed carried out a reasonable investigation in the circumstances. The employer was not required to extensively investigate each and every line of defence put forward by the employee. The Court of Appeal considered this would be too narrow an approach and add what it described as an “unwarranted gloss” to the Burchell test. What was important was the reasonableness of the investigation as a whole.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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