With great aplomb, in a recent case, the Employment Appeal Tribunal has held that ‘pulling a sickie’ is indeed dishonest and a fundamental breach of contract.

Mr Ajaj was a bus driver. He wrongly claimed to be more sick than he was, and surveillance evidence proved him to be exaggerating. The employment tribunal held that fairness of dismissal should be assessed based on traditional ‘capability’ considerations, ie when could the employee reasonably be expected to return to work based on his real (rather than exaggerated) symptoms.

The Employment Appeal Tribunal disagreed. It held that an employee who ‘pulls a sickie’ is dishonest and in fundamental breach of contract.

The principal reason for dismissal of a malingering employee is conduct, not capability, and the procedures to be followed remian the same.

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