A Tesco employee who was sent home by his bosses because he had a swollen eye, and then sacked for taking too much sick leave, was unfairly dismissed, an employment tribunal has ruled.
Tesco had denied the charges, arguing that Andre Van der Mawe, 53, who worked at the branch in Royston, Herts, had triggered a review under the Supporting Your Attendance scheme because he had three periods of sick leave in 26 weeks.
Passing judgment at the hearing in Bury St Edmunds, tribunal chairman Iain Pritchard-Witts said: “It does seem grotesque that the instruction to return home in those circumstances activated a procedure that led to disciplinary sanctions.”
Tesco had denied the charges, arguing that Andre Van der Mawe, 53, who worked at the branch in Royston, Herts, had triggered a review under the Supporting Your Attendance scheme because he had three periods of sick leave in 26 weeks.
Passing judgment at the hearing in Bury St Edmunds, tribunal chairman Iain Pritchard-Witts said: “It does seem grotesque that the instruction to return home in those circumstances activated a procedure that led to disciplinary sanctions.”
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