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Pulling a "Sickie" is a Fundamental Breach of Contract

Mar 17, 2016
Pulling a sickie has been confirmed by the Employment Appeal Tribunal (EAT) in Metroline West v Ajaj as a fundamental breach of contract entitling the employer to summarily dismiss.

The EAT confirmed that "pulling a sickie" is dishonest and would justify dismissal for gross misconduct. This applies equally to a malingering employee who stays off sick longer than is necessary.

In this case the EAT was asked to consider whether a capability procedure should have been followed or the disciplinary procedure. The EAT came very firmly down on the side of this being a disciplinary matter.

If you have any queries about this case please contact our Gary Smith on 01279 712576 or via email at gsmith@nockolds.co.uk.
 

Gary Smith

About the author

Gary Smith

Gary joined Nockolds in 2007 and is a Partner in our Employment Law Team. Before joining the firm Gary studied law at the University of Kent. ...

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