Reasonable investigation

Case 5: the facts

A patient alleged that mental health nurse Mr Amara had taken him to his flat where crack cocaine was used. The hospital trust dismissed Amara on the basis of the patient’s allegations because he had given an accurate description of Amara’s flat, that the patient had been absent without authority on the night in question and Amara had worked the late shift; and that Amara had failed to attend an investigation meeting for “dubious” reasons (Amara said he had got the day wrong). An employment tribunal held that Amara had been unfairly dismissed because the investigation had been inadequate; the Trust appealed.

The ruling

The EAT upheld the tribunal’s decision. It said the allegation was serious and the employer had substantial resources but its investigation was “perfunctory”. The patient’s evidence had required careful consideration given that his hospital records indicated he had expressed some delusional ideas, yet the hospital had failed to investigate another allegation that, if found to be untrue, would have called into question his credibility. They had also failed to check other details that had been given.