British Home Stores Ltd v Burchell

British Home Stores Ltd v Burchell [1980] ICR 303 is a UK labour law case, concerning unfair dismissal.

Miss Burchell got her job back at British Home Stores Ltd, and did not appear to contest the appeal by the employer against a tribunal decision about her dismissal.

[1] The case is one of an increasingly familiar sort in this tribunal, in which there has been a suspicion or belief of the employee's misconduct entertained by the employers; it is on that ground that dismissal has taken place; and the tribunal then goes over that to review the situation as it was at the date of dismissal.

What the tribunal have to decide every time is, broadly expressed, whether the employer who discharged the employee on the ground of the misconduct in question (usually, though not necessarily, dishonest conduct) entertained a reasonable suspicion amounting to a belief in the guilt of the employee of that misconduct at that time.

And thirdly, we think, that the employer, at the stage at which he formed that belief on those grounds, at any rate at the final stage at which he formed that belief on those grounds, had carried out as much investigation into the matter as was reasonable in all the circumstances of the case.