The Employment Appeal Tribunal (EAT) has held that 'pulling
a sickie' is dishonest and a fundamental breach of contract.
In the case of Metroline West v Ajaj, Mr Ajaj was a bus driver and he alleged that he had slipped over on spilt water in the workplace toilet and badly injured himself. He went on sick leave stating he could not do his job. His employer suspected that the accident was staged or he was exaggerating his injuries. The placed him on covert surveillance. He was dismissed on the basis that he had perpetrate a fraud. The employment tribunal held that fairness of dismissal should be assessed based on traditional 'capability' considerations, i.e. when could the employee reasonably be expected to return to work based on his real (rather than exaggerated) symptoms.
The EAT disagreed. It held that an employee who 'pulls a sickie' is dishonest and is fundamental breach of contract. The principal reason for dismissal of a malingering employee is conduct, not capability.
In the case of Metroline West v Ajaj, Mr Ajaj was a bus driver and he alleged that he had slipped over on spilt water in the workplace toilet and badly injured himself. He went on sick leave stating he could not do his job. His employer suspected that the accident was staged or he was exaggerating his injuries. The placed him on covert surveillance. He was dismissed on the basis that he had perpetrate a fraud. The employment tribunal held that fairness of dismissal should be assessed based on traditional 'capability' considerations, i.e. when could the employee reasonably be expected to return to work based on his real (rather than exaggerated) symptoms.
The EAT disagreed. It held that an employee who 'pulls a sickie' is dishonest and is fundamental breach of contract. The principal reason for dismissal of a malingering employee is conduct, not capability.
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