P Burchell v British Home Stores Ltd

P Burchell v British Home Stores Ltd

The tribunal found that the respondents acted precipitately in dismissing Miss Burchell before they had sufficient evidence to justify their belief that she was guilty of dishonesty. The dismissal was therefore unfair within the meaning of the Trade Union and Labour Relations Act 1974.

Parties
Applicant/appellant: Miss P Burchell; Respondent: British Home Stores Ltd
Jurisdiction
England and Wales
Judgment Date
23 December 1977
Procedural Posture
Employment Tribunal (unfair Dismissal) / Merits Decision; Remedy Adjourned
Outcome
Applicant found to have been unfairly dismissed; remedy adjourned for agreement or further application.
Legal Topics
Unfair Dismissal, Summary Dismissal, Misconduct, Staff Purchase Procedures, Standard of Proof in Employment Cases
Employment Law Unfair Dismissal Summary Dismissal Misconduct Staff Purchase Procedures Standard of Proof in Employment Cases

Case Brief

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Parties

Miss P Burchell

Applicant/appellant

British Home Stores Ltd

Respondent

Procedural Posture

Employment Tribunal (unfair Dismissal) / Merits Decision; Remedy Adjourned

Legal Issues

  1. 1 Whether the applicant was unfairly dismissed under the Trade Union and Labour Relations Act 1974
  2. 2 Whether the employer had reasonable grounds for believing the applicant guilty of misconduct justifying dismissal

Ratio Decidendi

The tribunal found that the respondents acted precipitately in dismissing Miss Burchell before they had sufficient evidence to justify their belief that she was guilty of dishonesty. The dismissal was therefore unfair within the meaning of the Trade Union and Labour Relations Act 1974.

Court Disposition

Applicant found to have been unfairly dismissed; remedy adjourned for agreement or further application.

Orders

  • Declaration that Miss Burchell was unfairly dismissed
  • Remedy to be agreed between parties with liberty to apply to the tribunal if no agreement is reached