The Claimants were each employed by the Scottish Prison Service (“SPS”) as prisoner management officers. Following an allegation that the Claimants had used inappropriate force on a prisoner, SPS carried out an investigation. Disciplinary hearings were convened. The allegations were subsequently established and the Claimants were each summarily dismissed. The Claimants each brought claims for unfair dismissal against the Respondent. The ET unanimously dismissed their claims. The Claimants appealed on 2 grounds. First, the ET erred in law by asking the wrong legal question. Second, it was argued that the ET erred in making certain findings of fact, which led to it not considering whether it was reasonable for the Respondent to fail to investigate certain matters. It was argued that these failures were errors of law or in the alternative, the findings of the ET were perverse.

The EAT dismissed the appeal. The ET did not err in concluding that matters not put for consideration during the Respondent’s internal disciplinary proceedings could not be material to the reasonableness of their decision to dismiss. It was for the ET to consider the reasonableness of that decision in the particular circumstances of the case (see Shrestha v Genesis Housing Association Limited [2015] EWCA Civ 94). The investigation should be looked at as a whole when assessing the question of reasonableness. As part of the process of investigation, the employer must consider any defences advanced by the employee, but whether and to what extent it is necessary to carry out specific inquiry into them in order to meet the test set out in British Home Stores Ltd v Burchell [1980] ICR 303 will depend on the circumstances as a whole.