Dismissal of Teacher for Secret Work During Sick Leave

Ferris Lindsay, a teacher employed by the London Borough of Newham, was dismissed for gross misconduct after it was discovered that he was secretly running a chess club and conducting English tutoring sessions while on sick leave. Lindsay had been absent due to myasthenia gravis, an autoimmune disease that causes muscle weakness, and was certified unfit to work by his GP from April 2023. Despite this, he engaged in multiple roles, including working as an internal quality assessor and teaching English online, which led to an investigation by the council.

The Independent

Lindsay began his employment with the London Borough of Newham in September 2011 as an ESOL (English for Speakers of Other Languages) tutor. His health issues began to escalate in the summer of 2023, culminating in a formal sick leave. The council proposed a phased return to work in June 2023, but shortly thereafter, Lindsay communicated that he was unfit to return. The council became aware of his other employment through his blog posts, prompting an investigation.

The Independent

The East London Employment Tribunal, presided over by Employment Judge Stephen Povey, ruled against Lindsay's claims of unfair and wrongful dismissal. The tribunal's investigation included interviews with council officials, including Alice McFarlane, who confirmed that Lindsay had been warned about the breach of conduct regarding working while on sick leave.

The Independent

Judge Povey stated, “Mr Lindsay worked whilst signed off sick... It was Mr Lindsay who was telling his employer... that he was not fit for work. At the same time, he was undertaking work of a similar nature for others.” He emphasized that the council's Code of Conduct clearly prohibited employees from working while on sick leave, and that Lindsay's actions undermined the trust necessary in the employer-employee relationship.

The Independent

While the tribunal found in favor of the council, some may argue that Lindsay's condition could have warranted a more lenient approach. Critics of the decision might contend that the nature of his work during sick leave was less demanding and should not have led to termination. However, the tribunal maintained that the breach of trust was significant enough to justify the dismissal.

The Independent

There are no conflicting reports regarding the tribunal's decision; however, the nuances of Lindsay's health condition and its impact on his ability to work in different capacities remain a point of discussion. The tribunal's ruling did not address whether the nature of his autoimmune disease should have influenced the council's response to his actions.

The Independent

• “If an employee was deemed unfit to work for the [council], it was unreasonable for them to engage in work for others at the same time.” — Employment Judge Stephen Povey

The Independent

• “- NHS Ms McFarlane said: "He was advised after his initial phased return to work that working for another organisation whilst on sick leave was a breach of the code of conduct.” — Alice McFarlane

The Independent

This case highlights the complexities surrounding employment rights, health conditions, and the expectations of trust within the workplace.

The Independent