A worker with disabilities who was terminated from his job on false grounds of working while on sick leave has been granted over £300,000 in compensation.
Alan Jones, a 59-year-old individual from St Helens, Merseyside, was fired by Pilkington UK Limited for alleged misconduct after the company accused him of engaging in work for another employer during his sick leave. Mr. Jones had been with the company since 1983, starting as an apprentice and later progressing to a team leader at the Lathom site in Lancashire.
During the employment tribunal proceedings, it was revealed that Mr. Jones suffered from radiation-induced neuropathy due to cancer treatment in the 1980s. This condition led to severe muscle loss in his dominant shoulder, combined with depression, rendering him unfit for work. All involved parties acknowledged his disabled status.
The tribunal learned that Pilkington initiated surveillance after receiving reports of Mr. Jones wearing work boots and performing physical tasks. Video evidence showed him assisting a friend on a farm errand, briefly lifting a small bag of potatoes, and handling a hosepipe.
Despite the company interpreting the footage as proof of Mr. Jones working elsewhere and engaging in activities inconsistent with his sick leave, the tribunal found Pilkington’s dismissal decision flawed due to the lack of updated medical evidence.
Mr. Jones was dismissed in October 2019 and, supported by Unite the Union, he pursued legal action with Thompsons Solicitors, alleging disability discrimination. In August 2021, the Employment Tribunal ruled in his favor, identifying the company’s actions as discrimination related to his disability.
Following an unsuccessful appeal by Pilkington in April 2023, the Employment Appeal Tribunal upheld the original decision, emphasizing that employers acting on assumptions about a disabled worker’s health without proper medical evidence can be guilty of unlawful discrimination. Consequently, Pilkington has been instructed to pay Mr. Jones over £329,000 in compensation.
Reflecting on the case’s outcome, Mr. Jones described the past six years as “extremely stressful,” expressing disappointment at the lack of support from the company he had dedicated years to. His advocacy for union membership as a means to combat unfair treatment and hold employers accountable was underscored.
Bernie Wentworth, Head of Employment Rights at Thompsons Solicitors, highlighted the importance of understanding disabled workers’ conditions rather than relying on assumptions, emphasizing the unlawful nature of discriminatory actions. Unite’s Legal Director, Stephen Pinder, echoed the sentiment, asserting the necessity of fair treatment and support for long-serving employees like Mr. Jones while condemning discriminatory practices.
