False sickness

False sickness

The Appeal Tribunal has ruled that where an employee pretends to be more sick than they really are (Malingering) then it is an issue of misconduct and not capability. The Tribunal went on to say that if an employee is caught out doing this, it may be a case of gross misconduct being a fundamental breach of contract.

Naturally the case will depend on its facts, but employers will be relieved to hear that those off work with bad backs found on the golf course may be capable of summary dismissal, subject to the usual rules of procedure.

A similar approach would seem suitable for “Duvet Days” or spurious family emergencies.

The case of the Malingering bus driver can be read at the following link:

http://www.bailii.org/uk/cases/UKEAT/2015/0295_15_0312.html

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