Disabled man wins £329k payout after being accused of working whereas off sick
Alan Jones was sacked by Pilkington UK Limited for gross misconduct after the company claimed he had been carrying out work for another employer while on sick leave
Alan with his wife, Linda(Image: UGC)
A disabled employee who was dismissed after his employer falsely accused him of working while on sick leave has been awarded over £329,000 in compensation. Alan Jones, 59, from St Helens, Merseyside was sacked by Pilkington UK Limited for gross misconduct after the firm alleged he had been undertaking work for another employer while off ill.
Mr Jones, who had been with the company since 1983 after starting as an apprentice, later progressed to a team leader role at the company’s Lathom site.
An Employment Tribunal heard that Mr Jones suffered from radiation-induced neuropathy following cancer treatment in the 1980s. This chronic condition resulted in significant muscle loss in his dominant shoulder and, coupled with depression, rendered him unfit for work. It was universally accepted that he was disabled.
The tribunal was informed that Pilkington initiated a surveillance operation after reports surfaced that Mr Jones had been spotted wearing work boots and engaging in physical activity. Video footage captured him assisting a friend with a farming task, briefly lifting a small bag of potatoes and handling a hosepipe.
The firm interpreted the footage as proof that Mr Jones was working elsewhere and performing tasks inconsistent with his sick leave. However, the tribunal determined that Pilkington failed to secure updated medical evidence before deciding to dismiss him, reports the Liverpool Echo.
Mr Jones was dismissed in October 2019 and, with backing from his union, Unite the Union, subsequently pursued legal action through Thompsons Solicitors, alleging disability discrimination.
During a hearing in August 2021, the Employment Tribunal found in his favour, determining the company had acted on an erroneous assumption that was directly connected to his disability. The panel ruled that dismissing him on such grounds constituted discrimination arising from disability.
Pilkington challenged the decision at the Employment Appeal Tribunal in April 2023, but their appeal was rejected. The tribunal maintained the original verdict, confirming that employers who operate on presumptions about a disabled employee’s condition without adequate medical evidence can be found guilty of unlawful discrimination.
Following the unsuccessful appeal, Pilkington has now been instructed to pay Mr Jones more than £329,000 in compensation.
Speaking after the case concluded, Mr Jones described it as an “extremely stressful six years”, during which he felt his integrity had been questioned.
He said: “I had given decades to the company. When I became unfit for work, I expected support – not suspicion, and certainly not to be dismissed for something that wasn’t true.
“It felt like I was being targeted and pushed out. Learning that I had been placed under surveillance was deeply unsettling. I felt violated and vilified.
“After something like this, it’s hard not to feel paranoid and suspicious of people and their motives. As a former union representative within the company, it also felt at times as though that role had made me unwelcome.
“Thankfully, I had the unwavering support of my wife, friends and family, as well as my union and legal team. Without them, I wouldn’t have known where to turn. I’m speaking out because I believe union membership is vital in standing up for fairness and holding employers to account. No one should have to endure what I went through, but with the right support, it is possible to seek justice and be heard.”
Bernie Wentworth, Head of Employment Rights at Thompsons Solicitors, commented: “This case highlights the consequences of employers making assumptions about disabled workers rather than properly understanding their condition and the medical evidence.
“Our client was dismissed based on a mistaken belief, and the courts were clear that this amounted to unlawful discrimination. We are pleased to have secured compensation that reflects his loss of earnings, and the impact that this ordeal has had on him.”
Stephen Pinder, Unite’s Legal Director, stated: “This case sends a clear message that employers cannot rely on assumptions or surveillance to override medical evidence when dealing with disabled workers.
“Alan was a loyal employee for decades and deserved support and fair treatment, not suspicion and dismissal. Unite Legal Services will always stand up for members facing discrimination and ensure employers are held to account when they get it wrong.”
