British Home Stores Ltd. v. Burchell

British Home Stores Ltd. v. Burchell

[1980] I.C.R. 303. (E.A.T.)

Facts:

The employer suspected, but could not prove at the time of the dismissal, theft (essentially shoplifting) by staff in a B.H.S. store.

Held:

The dismissal was fair. The test for whether the dismissal was fair was:

1. That the employer held the belief that the employee was guilty.

2. That he had reasonable grounds on which to sustain belief.

3. That he had carried out as much investigation as reasonable in circumstances.

The test is not objective, and the employer need only be satisfied on balance of probabilities.

The test was approved by the CA in Weddell v. Tepper.

Legal page, home page, list of cases, top of case , labour law page

These notes were last updated on 11 Dec 98.

Mail Paul Todd

toddpn2@cf.ac.uk