News Article

The Employment Appeal Tribunal has concluded that faking a sickie can amount to a fundamental breach of contract, giving you the right to dismiss. 

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In March 2016 the Employment Appeal Tribunal (EAT) handed down its ruling in Metroline West v Ajaj 2015. Ajaj (A) had been employed by Metroline (M) as a bus driver. In February 2014 he reported that he’d had an accident at work and suffered an injury. Although he was signed off sick, M arranged for covert surveillance of A when he attended one of its sites for a sickness absence interview. 

From the surveillance footage M found that A’s level of mobility was inconsistent with his sickness claims. Further covert surveillance was obtained in April 2014. It showed A doing things he insisted were beyond his physical capabilities, e.g. carrying heavy shopping bags. A was subject to disciplinary proceedings and dismissed for misrepresenting his ability to work. He claimed unfair dismissal. 

When A won at the tribunal, M appealed to the EAT. It concluded that when an employee claims to be unable to attend work due to sickness, yet they are not actually ill or not as sick as they claim to be, their actions amount to dishonesty. As this strikes at the heart of the employer/ employee relationship, the employer can view this as a fundamental breach of contract and terminate their employment. 

For any further advice or information please contact the team here at SFB Consulting. Our offices are based in Bishop’s Stortford and London, but we offer our services and consultancy UK wide. 

T:01279 874 676 

E:info@sfb-consulting.com