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?