0207 118 0950 | info@reculversolicitors.co.uk
Employment Solicitors & Lawyers in London. Our Clients think we are:

Disciplinaries and Sickness Absence

18 March 2016: Falsely Claiming Sickness Absence:

It’s common for employees in some organisation to falsely claim sick leave, whether it’s to receive a delivery, because their team won the night before, or because of their child’s dental appointment. Does this amount to misconduct?

 

In Metroline West v Ajaj, Mr Ajaj was a bus driver. He slipped at work and went off sick with an injury. He said it was painful to walk, that he could only carry light shopping and he could not walk for more than about six minutes. Metroline put him under surveillance and found that he was exaggerating the effects of his injury. He was dismissed.

 

The Employment Tribunal considered when Mr Ajaj could reasonably be expected to return to work based on his real (rather than his exaggerated) symptoms, and held that his dismissal was unfair. However the EAT held that an employee who ‘pulls a sickie’ or exaggerates his symptoms as in this case is dishonest and in fundamental breach of contract. The dismissal was fair.

 

It can be difficult for employers to prove that an employee is exaggerating or falsifying sickness, and employers will seldom engage in covert surveillance. However more than once, someone claiming serious illness has been caught out by their Facebook posts.

 

We are employment lawyers and solicitors based on Central London

Funding information

Is funding representation an issue?

Learn more about funding options


Ask a question

If you have a question and cannot find the answer, put your question through our qualified solicitors

Ask a question


0207 118 0950

 

Call me back

Full Name:

Company:

Telephone/mobile:

Email:

captcha


Copyright - Reculver Solicitors
Reculver Solicitors Ltd (Company No. 6910066)
1st Floor, 330 High Holborn, London, WC1V 7QT.
Tel: 0207 118 0950
Fax: 0207 477 2276
Email: info@reculversolicitors.co.uk
SRA logo Solicitors Regulation Authority

Regulated & authorised by the
Solicitors Regulation Authority
SRA No.565284
Website design by Foundry Digital