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Ramphal v Department for Transport UKEAT/0352/14

Culpability should not be decided by HR

The test to establish a fair misconduct dismissal is set out in BHS v Burchell [1978] IRLR 379 that at the time of dismissal the employer must believe that the employee is guilty of misconduct; have reasonable grounds for so believing; and have carried out as much investigation as was reasonable in the circumstances.

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