Sickness rules: Dismissal for evening training on sick day was unfair

In Inco Alloys Ltd v Kelly the EAT upholds an industrial tribunal's decision that the dismissal of an employee, because he twice attended evening Territorial Army training sessions having been off work the same day because of sickness or injury, was unfair. The employee's participation in the training, which had taken place outside working hours, had not jeopardised his recovery and on both occasions he had gone back to work the next day.

Mr Kelly was employed by Inco Alloys Ltd for 17 years.