Reasonable investigation

Case 4: The facts

Abbey National suspended Mr Morgan after discovering that cash had been mislaid (although it was eventually recovered). Morgan attended a disciplinary hearing that heard evidence, and was dismissed.

There may have been CCTV evidence exonerating him, but the employers never examined it and eventually it was destroyed. Morgan said that this failure to investigate all the possible evidence made his dismissal unfair.

The ruling

The EAT held that it is important that an employer conducts a proper and full investigation. However, the fact that not all the evidence has been examined will not necessarily result in an unfair dismissal if, in all the other circumstances, the investigation as a whole has been fair. The EAT therefore held that the employer acted reasonably in dismissing the employee.

Abbey National v Morgan EAT/0403/03