A disabled employee who was dismissed after his employer incorrectly claimed he was working while on sick leave has been awarded more than £329,000 in compensation.
Background of the Case
Alan Jones, 59, from St Helens, was terminated by Pilkington UK Limited for gross misconduct. The company alleged he had been undertaking employment for another organisation while signed off sick. Mr Jones had been with the company since 1983, starting as an apprentice and eventually becoming a team leader at the Lathom site.
An Employment Tribunal heard that Mr Jones suffers from radiation-induced neuropathy, a consequence of cancer treatment in the 1980s. This chronic condition caused significant muscle wastage in his dominant shoulder, and combined with depression, rendered him unable to work. All parties agreed he was disabled.
Surveillance and Dismissal
The tribunal was informed that Pilkington initiated a surveillance operation after reports that Mr Jones had been seen wearing work boots and performing physical tasks. Video footage captured him accompanying a friend on a farming errand, briefly lifting a small bag of potatoes and handing over a hosepipe.
The company interpreted this as evidence that Mr Jones was employed elsewhere and engaging in activities incompatible 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 support from his union, Unite the Union, pursued legal action through Thompsons Solicitors, alleging disability discrimination.
Legal Outcome
At a hearing in August 2021, the Employment Tribunal ruled in his favour, concluding that the company had acted on an unfounded belief directly linked to his disability. The panel determined that dismissal on those grounds constituted discrimination arising from disability.
Pilkington challenged the ruling at the Employment Appeal Tribunal in April 2023, but the appeal was rejected. 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 been ordered to pay Mr Jones over £329,000 in compensation.
Reaction from Mr Jones
After the case concluded, Mr Jones described it as an "extremely stressful six years," during which he felt his character was questioned. 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."
He added: "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 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."
Company Statement
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."
