How reasonable does a reasonable investigation have to be?

In Shrestha v Genesis Housing Association Ltd [2015] EWCA Civ 94, the Court of Appeal held that the reasonableness of an investigation leading to a gross misconduct dismissal as a whole was the test that the Employment Tribunal is required to apply (the Burchell test as per British Home Stores Ltd v Burchell [1980] ICR 303).

It is not necessary for an employer to extensively investigate each line of defence advanced by an employee.

Rob

Deaf, hubby to Rachel, dad to Corey, Libby and Emily, Solicitor, Lecturer in Legal Practice at University of South Wales, PhD student at University of Leicester.

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