Have you been dismissed because of your absence record? That’s what happened to Vic Rumbold.
He joined Jaguar Land Rover (JLR) in 1999 and worked at their Castle Bromwich plant in various car assembly roles.
Over the next 20 years, he was off sick on 808 occasions. Sometimes, he missed a shift due to an injury at work. In 2014, he missed a shift after an assault was alleged against him. Usually, the absence was for general health-related matters.
In 2018, Vic was diagnosed with avascular necrosis disease, which caused chronic pain in his hip. This meant he was absent from work from March to August.
When he returned, he had an interview with his supervisor which included a health review and discussion about what support could be given. Rather than return to his old role, he trialled a number of different JLR jobs in an effort to find an alternative that would allow him to continue working with his condition. However, none of these roles were suitable.
In November, he requested a day off to attend a medical appointment. His request was denied, so he took authorised leave.
As a result, JLR launched an investigation into Vic’s sickness levels. At the December performance review, manager Jon Carter said it was “the worst absence record I have ever seen”, and Vic was dismissed on the grounds of conduct and capability.
He appealed twice, but both appeals were unsuccessful.
Missing 808 shifts over a 20-year career cost the firm an estimated £95,850 in sick pay, but Vic wasn’t aware that his absence was a problem until 2018, as he wasn’t subjected to any formal measures under the company’s absence management procedures (AMP).
What happened
In April 2019, Vic claimed for unfair dismissal, disability discrimination, age discrimination and unpaid wages. He later withdrew the latter two claims.
The Birmingham employment tribunal found he was unfairly dismissed because JLR failed to follow its own AMP.
Vic also won his discrimination claim about JLR failing to make “reasonable adjustments”, but his claims of disability discrimination were dismissed.
What this means to you
If you’re off sick a lot, your employer should take care to find out why, and take the reason into account when deciding what action to take.
Dismissal should be the final step after exploring all other options.
If you’re in this situation, please get in touch and we’ll let you know how we can help.
Further reading
- I was sacked after having time off with Covid-19
- Am I entitled to 80% pay if sick with coronavirus?
- How your disciplinary record might affect your unfair dismissal claim
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