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 [1] 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.
Case Summary Tag:
Unfair Dismissal [2]