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Unfair dismissal: Employer carried out reasonable investigation with regard to 'malingering' employee

This report relates to 1 case(s)

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    Corus UK Ltd v Mainwaring EAT/0053/07 (1 other report)

    • Corus UK Ltd v Mainwaring

      Date:
      10 October 2007

      In Corus UK Ltd v Mainwaring EAT/0053/07, the Employment Appeal Tribunal (EAT) has held that it was not necessary for the employer to get a statement from an anonymous informant, or obtain a consultant's report when an occupational health adviser was consulted about a dismissal for dishonestly reporting off sick.

In Corus UK Ltd v Mainwaring EAT/0053/07, the EAT held that an employer did not act unreasonably when it failed to interview an informant who alleged that a fellow employee was malingering, as that allegation merely triggered a fair investigation. In addition, it was not necessary for the employer to seek medical evidence from a specialist consultant, it being reasonable for it to rely on evidence about the employee's medical condition from a GP.