Muldoon v Ashton Community Trust [2023]

Background:

The claimant was employed as a full-time Support Worker in the respondent’s job club.  When initially employed, she was subject to the probation policy which applied for six months and could be extended for a further three months.  At the beginning of her employment in October 2019, the claimant was unwell and took two unpaid sick days and two days holiday leave. On her return-to-work meeting, her line manager informed her that further sick absence could affect her probation.  The claimant was asked if there were any underlying health concerns the respondent should be aware of, but she did not disclose any.

There were concerns about the claimant’s interactions