The EAT held that the claimant’s exaggeration of his symptoms was gross misconduct, and his dismissal was fair.

The EAT in Metroline West v Ajaj, www.bailii.org has taken a serious view of ‘pulling a sickie’. It held that the claimant’s exaggeration of his symptoms was gross misconduct and his dismissal was fair. This was not a dismissal based on capability, so the tribunal should not have considered whether he was capable of work. It remains to be seen whether this case is fully upheld by future decisions.

More: Illness and unfair dismissal>Misconduct dismissals: False sickness claims.