Kane v Debmat Surfacing Ltd [2021]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Employment Tribunal (ET)
  • Type of Claim / Jurisdiction
    Dismissal, Absence and Sickness, Discipline
Issues covered: Unfair Dismissal; Sick Leave

The claimant was employed by a driver of the respondent company from September 2012 until his dismissal on 30th July 2020. The issue arose in relation to the claimant’s ill-health and sickness leading to him being absent from work between 9th March 2020 and 30th March 2020. The claimant suffered from COPD for several years and he was a smoker albeit trying to quit. 

On 9th March 2020, the first day of his sickness absence, he was seen at a Social Club by the contract’s manager. The contracts manager informed the managing director that he had seen the claimant. The managing director telephoned the claimant, who on returning the call shortly

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This article is correct at 15/06/2021

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

View all articles by Jason Elliott BL