Misconduct dismissal case study

British Home Stores v Burchell

The Burchell test is a cornerstone of misconduct dismissal cases.

What the case shows

The Burchell test is a cornerstone of misconduct dismissal cases.

Claimant lesson

The claimant lesson is to attack investigation, belief and reasonable grounds rather than only insisting innocence.

How to use this in your own case

A case study is not a guarantee of outcome. The useful step is to identify the legal principle, compare it to your evidence and decide whether your ET1 needs to plead the point clearly.

Official sources

Questions people ask

Does this mean my case will win:
No. Tribunal outcomes depend on the facts, evidence, pleadings and deadlines in your own case.
Can ProHearings review whether this principle helps me:
Yes. A case review can identify whether the principle is relevant and how to frame it.

Related ProHearings pages