Disabled man, 59, sacked after ‘lifting potatoes’ while on sick leave wins £329,000 payout

A disabled worker who was sacked after he was filmed lifting a bag of potatoes while on sick leave has won £329,000 compensation after taking his former employer to court.

Alan Jones, 59, from Merseyside, was dismissed by Pilkington UK Limited after the company claimed he was working for another employer while ill.

Mr Jones, who had worked for the firm since the 1980s, was deemed unfit for work after developing radiation-induced neuropathy following cancer treatment.

The chronic condition caused major muscle loss in his dominant shoulder and left him unable to continue working, as well as depression.

During the case, it was accepted by all parties that he was disabled.

The Employment Tribunal heard the company placed Mr Jones under surveillance after reports he was wearing work boots and engaging in physical activity.

Footage later showed him accompanying a friend on a farming mission, briefly lifting a small bag of potatoes and extending a hose.

Pilkington considered the footage as evidence that he was working elsewhere and engaging in activities incompatible with sick leave.

However, the court found the company failed to obtain up-to-date medical evidence before deciding to fire him.

Mr Jones was sacked in October 2019 and later took legal action, supported by Unite the Union and Thompsons Solicitors, alleging disability discrimination.

At a hearing in August 2021, the Employment Tribunal ruled in his favour, finding that the company had acted on a false belief directly linked to his disability.

The panel concluded that dismissing him on this basis amounted to discrimination based on disability.

Pilkington appealed the decision to the Employment Appeal Tribunal in April 2023, but the appeal was dismissed.

The court upheld the original decision, which held that employers who act based on assumptions about a disabled employee’s condition without appropriate medical evidence may be guilty of unlawful discrimination.

Following an unsuccessful appeal, Pilkington was ordered to pay Mr Jones more than £329,000 in damages.

Speaking after the conclusion of the case, Mr Jones described the ordeal as ‘an extremely stressful six years’ during which he felt his character had been unfairly called into question.

He said: ‘I had given decades of my life to the company. When I wasn’t right for the job, I expected support, not suspicion, and I expected that I wouldn’t be fired for something that wasn’t exactly right.

‘I felt like I was being targeted and pushed out. Learning that I was under surveillance was deeply disturbing. I felt violated and slandered.

‘After something like this it’s hard not to be paranoid and suspicious of people and their motives. As a former union representative in the company, I have felt unwelcome in this role at times.’

He added: ‘Fortunately, I have had the unwavering support of my wife, friends and family, as well as my union and legal team.

‘Without them I wouldn’t know where to turn. I speak out because I believe union membership is vital to defending justice and holding employers accountable.

‘No one should have to endure what I went through, but with the right support it is possible to seek justice and make our voices 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 circumstances and the medical evidence.

‘Our client was dismissed based on a mistaken belief and the courts were clear that this amounted to unlawful discrimination.’

Stephen Pinder, Unite’s Legal Director, added: ‘This case sends a clear message that employers cannot rely on presumptions or oversight to overrule medical evidence when dealing with disabled workers.

‘Alan was a loyal employee for decades and deserved support and fair treatment, not suspicion and dismissal.’