Tricky to pull a sickie

Tricky to pull a sickie

 

Sickness absence costs UK businesses billions each year. According to PWC, £29 billion.

 

A recent ruling has confirmed that an employee who is dishonest about their sickness can amount to a fundamental breach of contract which entitled the employer to dismiss.

 

In Metroline West v Ajaj 2015, A had been employed by M as a bus driver. He was off sick after he slipped on water and was injured. M, after becoming concerned about the alleged injuries arranged surveillance of A when he attended an onsite sickness absence meeting.

 

From the footage M were able to see that A’s mobility was inconsistent with his sickness claims. A was disciplined and dismissed, he then sued M for unfair dismissal. A won at tribunal but M appealed and the Employment Appeal Tribunal found in their favour stating that when an employee claims they are too sick to work, yet they are not actually sick or as sick as they claim, this amounts to dishonesty.

 

Employees should be careful that they do not jump to conclusions or dismiss employees on merely suspicion. A reasonable investigation must be carried out and the business must be able to show that the employee had been dishonest about their condition. It doesn’t necessarily mean employees need to be subject to surveillance, but medical evidence, social media activity or evidence given in a back to work interview could be extremely useful.