Lessons from Orr v Milton Keynes Council

In the Orr case, the Court of Appeal decided that the knowledge of a manger could not be imputed to the disciplinary chair and so the dismissal was fair.

There is a danger that employers may draw incorrect conclusions form this case. There is still a need to carry out a reasonable investigation. This requires all relevant parties to be interviewed. What the Orr case means is that if an interviewed person withholds information which the interviewer should not suspect is being withheld, that information cannot be deemed to be known by the disciplinary chair or the employer.

A fair and reasonable investigation is still required.