Alan Jones, 59, was sacked following a surveillance operation that wrongly accused him of working while on sick leave
A disabled employee who was fired after his boss falsely claimed he was working while signed off sick has been granted more than £329,000 in compensation.
Alan Jones, 59, from St Helens, was let go by Pilkington UK Limited for gross misconduct after the firm alleged he had been undertaking employment for another company while off sick.
Mr Jones, who had been with the business since 1983 after starting as an apprentice, eventually rose to become a team leader at the firm’s Lathom site.
An Employment Tribunal heard Mr Jones was living with radiation-induced neuropathy stemming from cancer treatment in the 1980s. The chronic illness resulted in substantial muscle wastage in his dominant shoulder and, combined with depression, rendered him unable to work. All parties acknowledged he was disabled.
The tribunal was informed Pilkington initiated a surveillance operation following reports Mr Jones had been spotted wearing work boots and undertaking physical tasks. Video evidence captured him accompanying a mate on a farming errand, momentarily lifting a small bag of spuds and handing over a hosepipe, reports the Liverpool Echo.
The business interpreted the footage as proof Mr Jones was employed elsewhere and engaging in activities incompatible with his sick leave. Nevertheless, the tribunal determined Pilkington neglected to secure updated medical evidence prior to reaching the decision to dismiss him. Mr Jones was dismissed in October 2019 and, with the backing of his union, Unite the Union, subsequently pursued legal action through Thompsons Solicitors, alleging disability discrimination.
At a hearing in August 2021, the Employment Tribunal found in his favour, determining that the company had acted on an unfounded belief directly connected to his disability. The panel concluded that sacking him on those grounds constituted discrimination arising from disability.
Pilkington challenged the ruling at the Employment Appeal Tribunal in April 2023, but the appeal was thrown out. The tribunal upheld the original verdict, confirming that employers who make assumptions about a disabled worker’s condition without adequate medical evidence can be found guilty of unlawful discrimination.
Following the unsuccessful appeal, Pilkington has now been ordered to pay Mr Jones in excess of £329,000 in compensation.
Speaking after the conclusion of the case, Mr Jones described it as an “extremely stressful six years”, during which he felt his character had been called into question.
He said: “I had given decades to the company. When I became unfit for work, I expected support – not suspicion, and certainly not to be dismissed for something that wasn’t true.
“It felt like I was being targeted and pushed out. Learning that I had been placed under surveillance was deeply unsettling. I felt violated and vilified.
“After something like this, it’s hard not to feel paranoid and suspicious of people and their motives. As a former union representative within the company, it also felt at times as though that role had made me unwelcome.
“Thankfully, I had the unwavering support of my wife, friends and family, as well as my union and legal team. Without them, I wouldn’t have known where to turn. I’m speaking out because I believe union membership is vital in standing up for fairness and holding employers to account. No one should have to endure what I went through, but with the right support, it is possible to seek justice and be heard.”
Bernie Wentworth, Head of Employment Rights at Thompsons Solicitors, said: “This case highlights the consequences of employers making assumptions about disabled workers rather than properly understanding their condition and the medical evidence.
“Our client was dismissed based on a mistaken belief, and the courts were clear that this amounted to unlawful discrimination. We are pleased to have secured compensation that reflects his loss of earnings, and the impact that this ordeal has had on him.”
Stephen Pinder, Unite’s Legal Director, said: “This case sends a clear message that employers cannot rely on assumptions or surveillance to override medical evidence when dealing with disabled workers.
“Alan was a loyal employee for decades and deserved support and fair treatment, not suspicion and dismissal. Unite Legal Services will always stand up for members facing discrimination and ensure employers are held to account when they get it wrong.”
A spokesperson for Pilkington UK said: “We are pleased that this historic matter has now been concluded. Pilkington United Kingdom has been proud to be one of the town’s leading employers for 200 years. We remain committed to creating a workplace where our people feel valued, respected and supported, and we wish Mr Jones well.”
