A worker with a disability who was terminated from his job following false accusations of working while on sick leave has been granted over £300,000 in compensation.
Alan Jones, aged 59, residing in St Helens, Merseyside, was fired by Pilkington UK Limited for gross misconduct after the company alleged that he was engaged in work for another employer while on sick leave. Jones, who had been with the company since 1983 starting as an apprentice and later becoming a team leader at their Lathom site in Lancashire, had been dealing with radiation-induced neuropathy resulting from cancer treatment in the 1980s. This condition led to significant muscle loss in his dominant shoulder and left him unfit for work due to depression, establishing him as disabled.
Reports from the Liverpool Echo revealed that Pilkington initiated a surveillance operation based on sightings of Jones wearing work boots and participating in physical activities. Video evidence captured him assisting a friend on a farming task, briefly lifting a small bag of potatoes, and handling a hosepipe.
Despite the company interpreting this footage as proof of Jones working elsewhere, the tribunal discovered that Pilkington failed to acquire updated medical evidence prior to his dismissal.
Jones was terminated in October 2019 and subsequently filed a legal claim for disability discrimination with the aid of his union, Unite the Union, represented by Thompsons Solicitors. The Employment Tribunal, in a hearing in August 2021, ruled in his favor, finding that the company’s actions were rooted in a mistaken belief directly related to his disability.
Pilkington appealed this decision at the Employment Appeal Tribunal in April 2023, which was later dismissed. The tribunal reaffirmed the initial ruling, emphasizing that employers acting on assumptions about a disabled employee’s condition without appropriate medical evidence can be held accountable for unlawful discrimination. Following the failed appeal, Pilkington has been instructed to compensate Jones with over £329,000.
Expressing his sentiments after the case’s resolution, Jones described the past six years as “highly stressful,” expressing disappointment at the unwarranted suspicion and dismissal he faced. He emphasized the importance of union support in advocating for fairness and holding employers accountable.
Bernie Wentworth, Head of Employment Rights at Thompsons Solicitors, highlighted the repercussions of employers relying on assumptions rather than understanding the medical evidence of disabled workers. Unite’s Legal Director, Stephen Pinder, echoed these sentiments, emphasizing the need to support loyal employees like Jones and combat discrimination effectively.