The successful appeal of Metroline in an employment tribunal sounds a new note says employment law solicitor

Mr Ibrahim Ajaj was an employee at Metroline West Ltd (“Metroline”) for 10 years and was dismissed for gross misconduct for deceptively alleging that he could no longer perform his duties after an injury at work. His allegation was supported by an occupational health advisor and physiotherapist.

However Metroline decided to covertly survey him and hired an external doctor to verify his injuries. The findings by the external doctor revealed that Mr Ajaj’s injuries were inconsistent with his descriptions and Metroline suspected he had made his injuries up to profit from sick pay.

He was invited to a disciplinary hearing, and dismissed. Thereafter he issued legal proceedings. The Employment Appeal Tribunal decided that the Employer had a potentially fair reason to dismiss Mr Ajaj.

Where does the Tribunal decision leave the employee who takes the occasional ‘sick day’?

Can you be dismissed for ‘taking a sick day’ for no apparent good reason? At the outset, few employers would go to the lengths of surveying their employees for a few days off sick. Secondly, in many cases it might be disproportionate to dismiss an employee for calling in sick because, say, he is hung over. However, lying is dishonesty and dishonesty can facilitate an employee’s dismissal. In any event, the employer’s handbook can be consulted to fully understand the implications.

There is also an implied relationship of trust between employer and employee that shouldn’t be taken lightly. If an employee takes multiple days off, while deceptively alleging to be sick, the question begs whether he should be working at a job he has little passion for.

It is important for both employers and employees to understand their obligations and rights.

If you have any questions, please do not hesitate to contact our employment law solicitor, John Porter, on 0161 624 6811 or email jap@wrigleyclaydon.com.

The following two tabs change content below.

• Bio
• Latest Posts

John Porter

John has been with Wrigley Claydon for over 20 years, becoming a partner in 1995. Specialising in Employment Law, John helps clients with matters including the preparation of recruitment policies and employment contracts as well as advocating in employment tribunals in cases of unfair dismissal or discrimination. He also has considerable experience of dealing with landlord and tenant disputes and matters relating to business and company sales, commercial investment property transactions and lettings as well as residential estate and offshore property developments. “I know I’ve done a good job when the business doesn’t need me!” John is never happier than when spending time with his wife and 2 children, Lucy and Alex. John is Chair of Respect Our Community Awards (ROCA) and a board member of First Choice Homes Oldham. In his spare time, John is likely to be found either reading, cooking or walking Donnie the Golden Retriever.

Latest posts by John Porter (see all)

• 5 Steps to consider before buying or leasing commercial property - 13th September 2023
• Changes to Employment Law April 2020 - 5th April 2020
• Toys R Us on brink of administration - 8th January 2018
• Talk over sale of Newcastle Utd as owner Ashley meets investment firm - 22nd December 2017
• GVC gambles on Ladbrokes Coral takeover - 15th December 2017