Misconduct dismissals: Burchell revisited

Article Abstract:

The 1978 Burchell case established UK guidelines governing unfair dismissal proceedings. Burchell's three-factor test requires employers to demonstrate reasonable grounds for dismissals based on employee misconduct. The guidelines are inapplicable when dismissals are based on employee admissions or when a group of employees is dismissed because the main culprit cannot be identified. Tribunals have sometimes erred in interpreting the Burchell guidelines and placed an inappropriate burden of proof on employers.

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Appeals against dismissal

Article Abstract:

British internal appeal procedures have affected unfair dismissal law. The industrial tribunal must consider all internal materials, and the internal process must be conducted according to the rules of natural justice, as the tribunal will consider whether this has taken place in deciding whether the dismissal was fair or unfair. However, the internal appeal hearing does not need to be a full-blown judicial hearing. The employee does not have to exhaust all internal avenues for there to be a judicial hearing.

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