In the case of Pacey v Caterpillar Logistics, the employer decided to dismiss an employee who was on long-term sick due to a bad back, but whom was ‘caught on camera’ doing a range of normal things including driving, shopping etc.
Caterpillar Logistics said that Pacey had exaggerated his injury and sacked him. But when the employee explained the allegation away, saying that his GP had advised ‘light exercise’ (corroborated by the GP) the tribunal found the dismissal to be unfair.
Because the investigation that was carried out was found to be insufficient – there should have been an occupational health assessment.
Had the employer invested in an occupational health report which substantiated their conclusions, the outcome could have been a whole lot different. Instead they assumed their own minimal medical knowledge to reach their conclusions.
Occupational Health reports are an important document when trying to dismiss an employee for ill health, please contact me for further information.