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

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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