UK: Unfair dismissal - employers need medical opinion before relying on evidence suggesting illness is fake

Where covertly filmed evidence would suggest to a lay person that an employee is feigning illness, employers should not take disciplinary action without first obtaining a medical opinion on whether the evidence supports this view.

A first instance tribunal ruling emphasises the risks in dismissing for malingering without good medical evidence. Although covertly filmed evidence suggested to the lay employer that an employee off work with back problems was feigning illness due to his ability to carry out many normal activities, it was unfair to dismiss for this without first obtaining a medical opinion on the evidence. A lay person is not qualified to assess the extent of the individual's injury and whether it prevents them from being at work. (Pacey v Caterpillar Logistics (UK) Ltd, ET)