Informants and Dismissal Investigations
15th October 2007
The EAT’s recent judgement in Corus UK Ltd v Mainwaring provides further comment on unfair dismissal investigations.
An employee, with a history of back problems, was dismissed when his employer received a ‘tip-off’ that the employee was not as unfit for work as had been suggested.
No witness statement was taken from the informant. The employee was filmed loading and unloading shopping from the boot of his car and was thereafter dismissed for misconduct on the ground that he had dishonestly reported himself as unable to work when he had been fit to work.
The employment tribunal held that the employee had been unfairly dismissed on the basis that the employer failed to act within the range of reasonable responses by failing to take a statement from the informant and suspending the employee following the ‘tip-off’ demonstrated a pre-judged mindset to dismiss.
The employer appealed the Employment Tribunal’s decision. The EAT remitted the case for rehearing by a fresh tribunal and held:
- The Employment Tribunal had erred in law by concluding the suspension, and decision to dismiss, was a result of the tip off. The employer had conducted a full investigatory meeting before suspending the employee.
- the tip off was only a trigger for their investigations and was not part of their decision to dimiss.
You can also download the original case.
For more information please contact:
Glasgow: Paul Brown or Michael McLaughlin
Edinburgh: Alan Strain
The information contained in this article is given for general information only and does not constitute legal advice on any specific matter.