A disabled glass maker, who was unfairly dismissed while on sick leave and spied on by his bosses, has been awarded 329,000 in compensation.
A Manchester tribunal heard that Alan Jones, a team leader at glass manufacturer Pilkington UK and a Unite union representative, went on sick leave after developing neuropathy – a chronic condition that was linked to side effects from earlier cancer treatment.
While on leave, Pilkington UK management became concerned that Jones might be working for another employer and instructed a surveillance firm to monitor him.
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The surveillance company sent Pilkington UK footage of Jones on a friend’s farm accompanying him on a delivery. The company treated this as evidence that Jones had been working while on sick leave and questioned whether the physical activity was consistent with his condition.
However, the tribunal found the company dismissed him without first obtaining medical evidence to establish whether the activities could be carried out safely.
At a hearing in 2021, the tribunal upheld Jones's claims of unfair dismissal, disability discrimination under section 15 of the Equality Act 2010 and breach of contract. Judges concluded that the company had relied on assumptions about the surveillance footage instead of seeking expert medical advice.
Pilkington UK later appealed...
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