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McGivney v Portman Mansions Management Ltd - Lack of cooperation from employee supported fair dismissal finding [2009] EAT

An appeal against a finding of fair dismissal, which was based largely on medical records which had not been produced to either the employer or the tribunal, was dismissed.

Mr McGivney worked as a porter for the management company. There was "friction" among the porters, and Mr McGivney made a number of complaints before eventually going off sick. After 6 months off sick (with stress), during which time he sought to have his grievances re-investigated, he was dismissed on grounds of capability. Despite a number of request from Portman, Mr McGivney refused them access to his medical records so that his employers could see what was wrong and assess how best to help him. He refused to attend an occupational health appointment, or any meetings with Portman to discuss the way forward.

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