Search

How can we help?

Icon

“Pulling a sickie” was gross misconduct

In the recent case of Ajaj v Metroline West Ltd UKEAT/018/15/RN an employee who disingenuously claimed to be unfit to attend work was held to be dishonest and had fundamentally breached the trust and confidence of the employee/employer relationship.   

In Ajaj, the Claimant went off sick claiming to have suffered injury following a fall at work. He was referred to the company’s occupational health advisers, who concluded he was not fit to conduct his duties at work.  Amid concerns over the genuine nature of Mr Ajaj’s injuries, covert video surveillance of the employee was arranged by Metroline.  This video footage showed Mr Ajaj carrying out activities which he had claimed to Metroline he could not do. Mr Ajaj was summarily dismissed for gross misconduct based on his falsified claim of an injury at work, false claims for sick pay and misrepresentation of his ability to attend work.

The EAT (overturning the first instance decision) held that the dismissal for gross misconduct was within the band of reasonable responses.

The main issue for the EAT was whether there were grounds on which a reasonable employer could have held the belief that the Claimant had misrepresented his ability, and whether such grounds involved a serious breach of trust. Contrary to the Employment Tribunals findings; the Employment Appeal Tribunal concluded that Mr Ajaj misrepresenting his inability to attend work by reason of sickness amounted to dishonesty which was considered to be a fundamental breach of the trust and confidence.  Summary dismissal was, therefore, within the band of reasonable responses.

The company’s occupational health advisers, who concluded he was not fit to conduct his duties at work.

The EAT reaffirmed the well-established test for misconduct dismissals, namely that an employer needs to show that:

  • the employer believed that the employee was guilty of misconduct;
  • there are reasonable grounds for this belief; and
  • the employer has carried out as much investigation as was reasonable given the circumstances of the case.

Whilst this case focussed on covert video recording (which may not always be appropriate or reasonable), the increased use of social media by businesses has made it easier for employees to be caught out “pulling a sickie”. With the Rio Olympics and Euro 2016 coming this summer, employers should consider reviewing their policies on social media now to check if they are up to date and make clear that posts by employees could be reviewed and used as evidence in disciplinary proceedings.

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 20 May 2026
  • Immigration

AI vs Home Office approved Translations – why migrants are paying the price

AI is transforming almost every professional sector. Law firms now use AI-assisted drafting, businesses rely on automated translation software, and governments increasingly use digital systems for decision-making.

art
  • 20 May 2026
  • Employment

Trade Unions Right of Access from October – What you need to know

Under the Employment Rights Act 2025, independent Trade Unions (i.e. those with a certificate of independence) will have a right to access workplaces (physically and digitally) from October 2026.

art
  • 19 May 2026
  • Privacy and Data Protection

New Complaints Procedure for Data Protection Coming in June – Are You Ready?

The Data (Use and Access) Act 2025 (the “Act”) received Royal Assent last year and introduces slight reforms to the UK’s data protection regime.

art
  • 18 May 2026
  • Commercial Real Estate

Land Registry title to property mines and minerals

Depending on the location of the property, it is quite common in parts of England and Wales for a property title to contain a reference to mines and minerals, and for these to be excluded from the surface owner’s ownership in favour of another party.

art
  • 13 May 2026
  • Employment

10 top tips for negotiating a redundancy settlement agreement, for employers and employees

Redundancies are on the rise, resulting in increased use of settlement agreements. We’ve compiled our top 10 tips for drafting and negotiating these agreements to support both employers and employees through this challenging process.

art
  • 12 May 2026
  • Immigration

Supplementary Employment: When is it Allowed under UK Immigration Rules?

This article provides a guidance to understanding the rules on supplementary employment in the UK.