British Home Stores Ltd v Burchell
| Jurisdiction | UK Non-devolved |
| Court | Employment Appeal Tribunal |
| Judgment Date | 1978 |
| Date | 1978 |
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1631 cases
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Orr v Milton Keynes Council
...been controversial, not least because it seems to have originated in a note in the Industrial Cases Reports of an EAT decision, British Home Stores v Burchell [1980] ICR 303, in which the employer was represented by counsel of great distinction, the employee did not appear at all and was n......
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Foley v Post Office; HSBC Bank Plc (formerly Midland Bank Plc) v Madden
...or unreasonableness of, a dismissal for a reason relating to the conduct of the employee, as expounded by Arnold J in British Home Stores Ltd v Burchell [1980] ICR 303 at 304 and 308G-H, and as approved and applied by this court in W Waddel & Co Ltd v Tepper [1980] ICR 286, remains binding ......
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Salford Royal NHS Foundation Trust v Roldan
...principle to misconduct cases was described in the following terms by the Employment Appeal Tribunal (Arnold J presiding) in British Home Stores Ltd v Burchell [1978] IRLR 379, in a passage which has been cited with approval by the Court of Appeal (see e.g. Sainsbury's Supermarkets Ltd v Hi......
- Beedell v West Ferry Printers Ltd
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2 firm's commentaries
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Dismissal For Misconduct: To What Extent Can Past Conduct Be Taken Into Account?
...can actually be too thorough. How "fairness" is tested "The Burchell Test", as set down in British Home Stores Ltd, v Burchell [1978] IRLR 379, is used as the starting point in unfair dismissal cases to determine if the dismissal of an employee for misconduct was fair or not. This three-lim......
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Decision To Dismiss Headteacher Who Failed To Disclose Her Relationship With A Convicted Sex Offender Was Fair
...test to the question of whether a dismissal was reasonable or unreasonable. This test, which hails from British Home Stores v Burchell (1978) IRLR 379, states that a dismissal for misconduct will only be fair if at the time of the dismissal the employer believed the employee to be guilty of......
1 books & journal articles
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The Curse of the Working Classes: Alcohol as a Workplace Issue
...for such belief, and that he carried out as much investigation as was reasonable in the circumstances (British Home Stores v. Burchell, [1978] IRLR 379). In the Wilson case, to which we referred earlier, the employee — a senior male nurse — was not asked by management how much he had consum......