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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.

21 April 2016 0 Comments
Posted in Employment, Opinion

Pulling a sickie – don’t do it!

Author headshot image Posted by , Partner

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…

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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