Pilkington Ordered to Pay £329,000 for Unfair Dismissal and Disability Discrimination

A former Pilkington team leader who was subjected to covert surveillance while on long-term sick leave has been awarded £329,000 after an Employment Tribunal found he had been unfairly dismissed and discriminated against because of his disability.

Background to the Claim

Alan Jones began working for Pilkington as an apprentice in November 1983 and later became a team leader. He remained with the company for more than 35 years.

The tribunal heard that Mr Jones had undergone treatment for Hodgkin’s lymphoma in the 1980s. Although the treatment was successful, he later developed radiation-induced neuropathy, a chronic and progressive condition affecting his right shoulder and arm. Medical evidence before the tribunal showed that the condition caused weakness, severe sensitivity and ongoing pain. The company accepted that the condition amounted to a disability under the Equality Act 2010.

By 2018, Mr Jones was also experiencing anxiety and depression linked to the uncertainty surrounding his physical condition and his future employment.

Covert Surveillance During Sick Leave

While on long-term sick leave, Mr Jones spent time at Cronton Farm, where he said he enjoyed social contact and being outdoors. Evidence before the tribunal showed that mental health practitioners had encouraged his involvement with the community farm as a way of reducing isolation and improving his mood.

After concerns were raised about his activities, Pilkington instructed a surveillance company to monitor him. The tribunal heard that investigators carried out covert surveillance over several days and gathered information extending beyond simple observation, including enquiries into property ownership and credit records.

The tribunal was critical of the way the investigation was conducted, stating that insufficient consideration had been given to the proportionality of the surveillance and the impact on Mr Jones’s privacy.

What the Surveillance Evidence Showed

Video footage obtained during the surveillance showed Mr Jones accompanying a farmer and the farmer’s son on local deliveries, handling what appeared to be a small bag of potatoes, and briefly helping while flowers were watered in a greenhouse. Having viewed the footage repeatedly, the tribunal described it as “unremarkable” and found that the physical activity shown was minimal.

Despite this, the company pursued disciplinary proceedings. The tribunal found that management moved away from concerns about secondary employment and instead focused on whether Mr Jones’s activities were inconsistent with his medical condition. However, it found that Pilkington failed to obtain appropriate medical evidence before reaching conclusions about his capabilities.

Mr Jones was subsequently dismissed for gross misconduct.

Tribunal Findings on Unfair Dismissal and Disability Discrimination

Employment Judge Johnson found that the dismissal was unfair and that Mr Jones had been subjected to disability discrimination. The tribunal also upheld his claim for wrongful dismissal.

In its judgment, the tribunal concluded that the activities captured by surveillance did not justify the assumptions made about Mr Jones’s condition and criticised the employer’s handling of the investigation and disciplinary process.

Compensation Award

Following further proceedings on compensation, Mr Jones was awarded £329,000.

How an Employment Solicitor Can Help

Employers dealing with long-term sickness absence, workplace investigations or concerns about potential misconduct should take note of the tribunal’s findings in this case. The decision highlights the importance of obtaining appropriate occupational health and medical evidence, conducting proportionate investigations and carefully considering an employee’s disability before taking disciplinary action or making decisions about continued employment.

Our Employment Law team advises employers and HR professionals on a wide range of workplace issues, including sickness absence management, disability discrimination, disciplinary procedures, capability processes and Employment Tribunal claims. With extensive experience supporting businesses across a variety of sectors, the team provides pragmatic, commercially focused advice designed to minimise risk and help employers make legally sound decisions.

If your organisation is managing a complex absence, considering disciplinary action against an employee with a disability, or requires advice on any aspect of employment law, please contact the firm’s Employment Law team for tailored guidance.

Case Details

Case: Alan Jones v Pilkington UK Limited
Tribunal: Employment Tribunal
Judge: Employment Judge Johnson
Judgment on liability: 13 December 2021
Claims upheld: Disability discrimination, unfair dismissal and wrongful dismissal