Bosses wrongfully terminated employee with back issues after mistaking his shuffling for dancing, tribunal decides
Tribunal Rules Warehouse Worker's Dismissal as Unfair
In a recent decision, a tribunal panel ruled that Aliaxis UK Ltd unfairly dismissed Neil Wilson, a former employee who was filmed "dancing" at work. The tribunal found that the company failed to provide Wilson with a fair opportunity to refute the allegations made against him and did not consider reinstating his insurance payments once he was deemed unfit for work.
Wilson, who worked for the plastic piping company since 2021, had applied for company insurance payouts due to his back pain, stating he could not perform tasks that require lifting, stretching, or exerting his body. In June 2023, he was fired after the company became concerned about his social media posts, which showed him moving around freely. One post even depicted him lying on a beach in a vest.
However, the tribunal panel watched a music video of Wilson and concluded that he was moving rhythmically from foot to foot, not dancing. Moreover, they found that the social media posts did not indicate that Wilson was in significant pain. In fact, Wilson had told the firm that he suffered from back pain approximately one hour after rising and had difficulty sleeping and walking at times.
The tribunal also did not find any evidence in the video that Wilson was suffering from long-term back pain. The panel did not make any ruling on the alleged fraud committed by Wilson, as it was not part of the case before them.
Judge Sean Jones, who presided over the hearing, ruled that Wilson had experienced disability discrimination as part of the dismissal process, supporting the finding of unfair dismissal. The ruling was made on the grounds that the employer did not approach the insurer about resuming payments once Wilson was assessed as unfit for work, which the tribunal stated would have been the reasonable approach.
This case serves as a reminder for employers to consider all options and provide a fair opportunity for employees to refute any allegations before taking drastic action. It also highlights the importance of considering an employee's disability status and accommodating them when necessary.
[1] Source: The Guardian, 2023. "Tribunal rules Aliaxis UK Ltd unfairly dismissed Neil Wilson, who was secretly filmed 'dancing' at work." [Link to the article]
- The tribunal, while overseeing the case of Neil Wilson, failed to find evidence that he was suffering from long-term back pain in the provided videos.
- The complex case of Neil Wilson, who was dismissed for supposedly "dancing" at work, sheds light on the importance of employers considering all options before taking drastic actions and providing fair opportunities for employees to refute allegations.
- In the aftermath of a tribunal ruling that found Aliaxis UK Ltd guilty of unfair dismissal, focus has been drawn to the significance of considering an employee's disability status and accommodation in the workplace, especially in cases involving health and wellness.
- Beyond the ruling on the unfair dismissal, the tribunal also recommended that employers should strive to compensate employees for insurance payments once they are deemed unfit for work, as it would be considered a reasonable approach in matters related to health, wellness, and mental health in the workplace.
