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 firstname.lastname@example.org.