Murdock v Department of Justice [2023]

Background:

The claimant was employed by the respondent as a Custody Prison Officer from September 2007 until his dismissal in April 2020. This followed from a period of sickness absence from April 2019.

The Tribunal accepted the claimant’s evidence about stress and related sickness absence.  The Tribunal accepted it arose from a vigil/protest held at the prison gate where the claimant worked. It related to a prisoner who had committed suicide. The claimant felt threatened on occasion following confrontation with a family member. The protest came to an end in June 2019. 

The claimant’s absence was managed under the Inefficiency Sickness Absence Policy which stated: ‘Should the