Posted by Gemma Ospedale, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
Pulling a sickie – don’t do it!
Mr Ajaj was a bus driver who wrongly claimed to be more sick than he was. Surveillance evidence proved that he was exaggerating his illness. The Employment Tribunal held that fairness of dismissal should be assessed based on traditional (capability) considerations i.e. when the employee could reasonably be expected to return to work based on his real, rather than his exaggerated, symptoms.
The EAT disagreed – it held that an employee who pulls a sickie is dishonest and in fundamental breach of contract. The principle reason for dismissal of a malingering employee is conduct and not capability.
A lesson to be learned by employees taking duvet days…
It pays to employ the right employment solicitor