In the case of Pilkington UK Limited v Mr A Jones Mr Jones worked for Pilkington UK Ltd, a glass manufacturer. He suffered from a painful condition affecting his shoulder following treatment for cancer. He was initially placed on light duties and was later signed off work on long term sickness absence because of his mental health. Medical advice was that Mr Jones would not be able to perform manual work again, but once the pain had been controlled sufficiently, he would be able to return to work in a non-manual role. There was no dispute that Mr Jones was disabled.

Pilkington was told that Mr Jones had been seen wearing working boots while on sickness absence. It suspected that he might be working elsewhere, and it decided to investigate, using surveillance agents. Surveillance showed Mr Jones accompanying his friend, a farmer, in a transit van which was delivering produce. Mr Jones handled a small plastic bag with a retail sized bag of potatoes. He did not carry out the deliveries. The footage also showed Mr Jones and his friend in a greenhouse, and Mr Jones passing a hose to the farmer, with his hand on a tap. Mr Jones’ manager thought, from this footage, that Mr Jones might have another job.

Following an investigation meeting and a disciplinary process, Mr Jones was dismissed for gross misconduct for undertaking secondary employment during sickness absence when he was supposedly incapable of work.

Mr Jones claimed in the employment tribunal (among other things) that,...

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