07 February 2013
Sales rep wins unfair dismissal case
Unfair dismissal compensation has been awarded to a sales representative who was sacked after suffering from depression.
According to The Courier, Alistair McClaren decided to falsify a sicknote from his GP saying he had suffered a mild heart attack so he could spend time off from his job at Howdens Joinery Group while he battled against the mental illness.
Mr McClaren was dismissed in May last year on the grounds of gross misconduct after a month-long episode in which he had lied about having heart problems.
When he finally admitted that he had taken time off due to a "state of mind" he was in, Howdens Joinery Group decided to sack him, but an employment tribunal held in Dundee established that the company had not carried out any investigation to ascertain why Mr McClaren was absent.
Therefore, as it is thought there would have been a 75 per cent chance of the truth being uncovered had the firm done so, it was ruled the professional was entitled to unfair dismissal damages.
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Posted by Francesca Witney