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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?