Metroline West Ltd v Ajaj; Ajaj v Metroline West Ltd EAT/0185/15 & EAT/0295/15

Reports relating to this case:

  • Unfair dismissal: Employee exaggerating effects of injury was fairly dismissed

    Date:
    28 June 2016

    In Metroline West Ltd v Ajaj; Ajaj v Metroline West Ltd EAT/0185/15 & EAT/0295/15, the EAT held that an employment tribunal erred in concluding that an employee was unfairly and wrongfully dismissed where the tribunal had wrongly substituted its view that the employee had not been capable of performing his role for the employer's actual reason for dismissal, which was the employee's dishonesty.

  • Employee who "pulls a sickie" can be dismissed for misconduct

    Date:
    21 March 2016

    The Employment Appeal Tribunal (EAT) has affirmed that an employee who makes up, or exaggerates the effects of, an injury or illness to take fraudulent sick leave is fundamentally breaching the implied term of trust and confidence and can be dismissed for misconduct.