判决理由
In cases of dismissal for misconduct, the employer must show: (1) a genuine belief in the employee's guilt, (2) reasonable grounds for that belief, and (3) a reasonable investigation. The tribunal must not substitute its own view of the evidence — it is not for the tribunal to decide whether the employee actually committed the misconduct.
事实
Ms Burchell was dismissed for alleged dishonesty involving staff purchases. She denied the allegations. The Employment Tribunal found the dismissal unfair because it was not satisfied that she had in fact been dishonest.
判决摘要
The EAT (Arnold J) held that the Employment Tribunal had applied the wrong test. In misconduct dismissals, the question is not whether the employee was in fact guilty, but whether the employer genuinely believed in the employee's guilt, had reasonable grounds for that belief, and had carried out a reasonable investigation. All three elements must be satisfied.
关键引述
"What the tribunal has to decide every time is, broadly expressed, whether the employer who discharged the employee on the ground of the misconduct in question entertained a reasonable suspicion amounting to a belief in the guilt of the employee of that misconduct at that time."
— Arnold J
后续处理
The Burchell test is applied in virtually every misconduct dismissal case and has been endorsed by the Court of Appeal.
Must be read alongside the 'range of reasonable responses' test (Iceland Frozen Foods v Jones [1983]).