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Foreign & Commonwealth Office v Cooke - when is it inappropriate for the EAT to use the "Burns/Barke procedure"?

The FCO dismissed Mr Cooke for gross misconduct, in that he had pornography on his work computer. An Employment Tribunal found the dismissal to be unfair: although dismissal was for misconduct, and the FCO had genuine grounds for believing this to be the case when it dismissed Mr Cooke, the FCO’s investigation fell “outside the range of reasonable responses”.

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