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What is the two step process for tribunal to decide fairness of dismissal?

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  • What is the two step process for tribunal to decide fairness of dismissal?

    Burchell is the three step process, but at my tribunal the judge said he much preferred the two step process and used that to determine i was fairly dismissed. The judge never referred to it in his written reasons but used it in his oral reasons. I cant remember what that process was or the case law he referred to and google is no help. Can anyone shed any light on what the two step process might be? Its just for my own curiosity.
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  • #2
    The Burchell case sets out the test by which Employment Tribunals can decide whether employers have acted reasonably in dismissing employees for misconduct and capability issues. This case reduced them into a 3 step test:

    * whether the employer believed the employee to be guilty of the misconduct;
    * had reasonable grounds for believing that the employee was guilty of that misconduct; and
    * at the stage at which it 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.

    However, Employment Tribunals do not concern themselves with decisions about whether an employee was in fact guilty (point 1 above) but whether it was reasonable of the employer to decide that they were guilty and then dismiss them. In other words, did the employer come to a reasonable decision after a reasonable investigation.

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