A council IT worker who claimed unfair dismissal for
being sacked while on sick leave has lost his case.
An employment tribunal in Exeter heard that Andrew Hamlyn from
Newton Abbot, who was off work for 92 days with a viral infection,
took part in a 66-mile cycle race while off sick.
Teignbridge Council, where Hamlyn was an information officer
responsible for electronic government, told Computer Weekly that
the tribunal had ruled in its favour and rejected Hamlyn’s unfair
dismissal claim.
He was claiming unfair dismissal. But his former employers told
the employment tribunal that
Hamlyn took part in the Dartmoor Devil Endurance race less than
three weeks after he was signed off sick with a viral chest
infection and stress-related illness in October 2007.
The council said Hamlyn’s first day sick was 9 October 2007 and
he was dismissed on 17 January 2008.
Tim Borrett, spokesman for Teignbridge Council, said: "Mr Hamlyn
did not respond to any attempt to reach him over a three-month
period, leaving the council with little option but to dismiss
him."
"The health and wellbeing of staff is one of our top
priorities, and we always try to act in sensitive and understanding
manner when addressing long term sickness absence, making every
effort to discuss employees' health issues and provide assistance.
This may involve arranging an NHS Occupational Health appointment
and investigating flexible working arrangements.
The
Dartmoor Devil
is an extreme bike race across Dartmoor.