Kane v Debmat Surfacing Ltd Posted In: Case Law
Legal BodyEmployment Tribunal (ET)
Type of Claim / JurisdictionDismissal, Absence and Sickness, Discipline and Grievance
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 contract’s 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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