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Gross misconduct: fairly dismissed for taking a sickie

Background facts

Ross Collins (C) was employed as a medical firm manager for Steris IMS Ltd (S). On 11 September 2018, he booked a short holiday for him and his partner. They were due to leave the UK for Cyprus on Thursday 18 October 2018 and return on Wednesday 24 October 2018.

On 18 September 2018, C requested two days’ holiday from Monday 22 to Wednesday 24 October 2018, which was approved by S.

Pulling a sickie

C was also granted Friday 19 October 2018 as time off in lieu for one of the three days that he had worked over the previous Christmas. On Thursday 18 October 2018, at 9.30am, C told his boss that he had an upset stomach and needed to go home pretty urgently.

His boss agreed to his request. However, around 1.00pm that same day another member of staff at S saw a social media post that had been made by C’s partner.

Wish you were here

It showed that C was at Gatwick airport eating a burger and chips and drinking a pint - he looked far from unwell. When he returned to work the following week, C was called to a meeting about his sickness absence.

S also requested a copy of his flight ticket so it could see the timings of his flights. Based on its concerns, this was a perfectly acceptable request. C initially insisted that he was ill on 18 October.

Time off in lieu

When this was challenged, and he was shown his partner’s social media post, C said that he had already accrued enough time off in lieu to cover his absence on 18 September 2018. This didn’t wash with S and C was dismissed for gross misconduct for lying about his absence.

C then claimed unfair dismissal at the tribunal where he raised the fact he had accrued more than enough time off in lieu to cover that day. Unfortunately for C, when the case reached the tribunal in 2021 it sided with S (see The next step ).

It found that the fact C had accrued enough time off in lieu to cover his absence on 18 October was irrelevant; his dismissal was a reasonable response by S as C had been dishonest about his reasons for taking time off work on that day.

Tip. If an employee wishes to avail themselves of time off in lieu that they’ve accrued, they should only do so with your prior and express permission. They shouldn’t leave work on the assumption that they have time off in lieu to cover an absence or lie about their reasons for taking time off either.

Tip. When an employee acts dishonestly, it can undermine the implied contractual term of mutual trust and confidence between you both and potentially give you grounds for dismissal.

Tip. Where misconduct is suspected, you may rely on anything that’s posted on social media, including posts made in private accounts.

For the tribunal’s ruling in this case, visit https://www.tips-and-advice.co.uk , Download Zone, year 24, issue 03.