A disabled worker who was dismissed after his employer wrongly accused him of working while on sick leave has been awarded more than £300,000 in compensation. Alan Jones, 59, from St Helens, Merseyside, was sacked by Pilkington UK Limited for gross misconduct after the glass manufacturer alleged he had been carrying out work for another employer during his sick leave. Mr Jones, who had worked for the company since 1983 after joining as an apprentice, later became a team leader at the firm's site in Lathom, Lancashire.
Background of the Case
An employment tribunal heard that Mr Jones suffered from radiation-induced neuropathy after undergoing cancer treatment in the 1980s. This chronic condition caused significant muscle loss in his dominant shoulder and, alongside depression, left him unfit for work. It was accepted by all parties that he was disabled. The tribunal was told that Pilkington launched a surveillance operation after reports that Mr Jones had been seen wearing work boots and carrying out physical activity. Footage showed him accompanying a friend on a farming errand, briefly lifting a small bag of potatoes and passing a hosepipe.
Employer's Actions
The company treated the footage as evidence that Mr Jones was working elsewhere and carrying out activity inconsistent with his sick leave. However, the tribunal found that Pilkington failed to obtain updated medical evidence before deciding to dismiss him. Mr Jones was sacked in October 2019 and, with the support of his union, Unite the Union, later brought legal action through Thompsons Solicitors, claiming disability discrimination.
Legal Outcome
At a hearing in August 2021, the Employment Tribunal ruled in his favour, finding that the company had acted on a mistaken belief directly linked to his disability. The panel concluded that dismissing him on that basis amounted to discrimination arising from disability. Pilkington appealed the ruling at the Employment Appeal Tribunal in April 2023, but the appeal was dismissed. The tribunal upheld the original decision, confirming that employers who act on assumptions about a disabled worker's condition without proper medical evidence can be guilty of unlawful discrimination. Following the failed appeal, Pilkington has now been ordered to pay Mr Jones more than £329,000 in compensation.
Victim's Statement
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.'
Legal and Union Responses
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, added: '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.'
