Southampton City Council v Burnett - Employer to show "reasonable belief" of misconduct, not "findings of fact" [2012] EAT

An employer is not required to make" findings of fact" in order to establish a potentially fair reason for dismissal. It is only necessary to show that the employer had a genuine belief in the reason (such as misconduct) that it puts forward. 

Mrs Burnett was a teacher at a pupil referral unit which educated children with behavioural difficulties. An incident occurred involving a pupil on 4 March 2010, and it was alleged that Mrs Burnett had used inappropriate force on a pupil who suffered an injury as a result. There were witnesses to the incident who stated that she had lost control of herself and the situation, and had used force that had lead to the pupil sustaining an injury. Mrs Burnett argued that the evidence against her was fabricated to protect the pupil, but the Council found that unconvincing.

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