Innocent Until Proven Guilty?

Is it reasonable for an employer looking into allegations of misconduct to refuse to undertake further investigations that could support an employee's case? No says Brian Palmer of our Employment Team, particularly where gross misconduct is alleged.

In a recent Employment Appeal Tribunal (EAT) case called Stuart v London City Airport, Mr Stuart was employed as a Ground Services Agent at London City Airport (LCA). He entered a duty-free store within the airport to buy some presents. While queuing to pay, he was beckoned outside the store boundary to a seating area by another member of staff and went to speak to her.  At that point he was apprehended by the police for dishonestly removing goods without payment.  Mr Stuart argued that he had no intention of stealing the items and that he felt that he was still in the general shop area.  Mr Stuart had an impeccable record and his most recent appraisal graded him as excellent.