A long-serving disabled worker who was dismissed after developing a chronic and progressive health condition has been awarded compensation after his employer wrongly believed he was working during sick leave.

Mr Alan Jones, 59, from St Helens, was dismissed by Pilkington UK Limited, a glass manufacturer based in Lathom, Lancashire, for gross misconduct. The company alleged he was working for another employer while on long-term sick leave and carrying out physical activity inconsistent with his absence due to neuropathy and depression.

Mr Jones had worked for Pilkington since 1983, starting as an apprentice before progressing to the role of Team Leader.

Supported by his union, Unite, he brought a legal claim through Thompsons Solicitors, arguing that his dismissal amounted to disability discrimination.

At a hearing in August 2021, the Employment Tribunal heard that Mr Jones had developed radiation-induced neuropathy following cancer treatment in the 1980s. The condition caused significant muscle loss in his dominant shoulder and, alongside his mental health condition, meant he was unfit for work. There was no dispute that he was disabled.

Pilkington launched a surveillance operation after receiving 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 handling a small bag of potatoes and passing a hose.

The company treated this as evidence that he was working elsewhere and undertaking activity inconsistent with his sick leave. However, it failed to seek updated medical advice before proceeding with dismissal.

Mr Jones was sacked in October 2019.

The Employment Tribunal found that this amounted to discrimination arising from disability. It ruled that Pilkington had acted on a mistaken belief - that Mr Jones was working or engaging in activity inconsistent with his condition - which was directly linked to his disability.

Pilkington appealed at a hearing which took place in April 2023, but the Employment Appeal Tribunal upheld the decision. It confirmed that acting on such misconceptions, without proper medical evidence, can amount to unlawful discrimination.

Following the failed appeal, Pilkington has been ordered to pay over £329,000 compensation to Mr Jones.

Speaking following 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.”

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, 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.”

The case highlights the risks of dismissing disabled employees based on assumptions about their condition or capabilities, particularly during periods of sickness absence.

Thompsons Solicitors and Unite are calling for stronger protections and greater accountability for disabled workers.