Dismissals in the Civil Service - Good practice principles applied by the
Civil Service Appeal Board
Substantive issue
There are three points for consideration under this heading:
-
in disciplinary/misconduct cases, has there been a reasonable
investigation?
-
in all cases, has the individual been treated fairly and reasonably?
In disciplinary/misconduct cases as far as the investigation is concerned,
there is a significant employment law test case to be taken into account
(British Home Stores vs Burchell - EAT, Court of Appeal 1980). The employer
must genuinely believe, on the balance of probabilities, that the employee
is guilty; there must be reasonable grounds to sustain that belief and as
much investigation into the matter as was reasonable in the circumstances,
must have been carried out.
-
was evidence taken from witnesses, including those who could provide
evidence in support of the employee?
-
was all relevant evidence obtained and considered?
-
was the evidence evaluated on the basis of the balance of probabilities
test?
-
was the investigating officer sufficiently independent?
