Unfair Dismissal Investigations

The EAT has handed down judgment in Corus UK Ltd v Mainwaring, considering various points arising out of a conduct / capability investigation where an employee was accused of malingering. The two key points are:-

• there is no obligation to take a statement from the person who 'tips-off' the employer about possible malingering, if the employer then relies on medical/video evidence (rather than the original statement) when dismissing (para. 28)
• there is no obligation to seek a report on malingering from a consultant - an occupational health physician will suffice (para. 43)