A disabled worker who was sacked after being filmed lifting a bag of potatoes while on sick leave has won a £329,000 payout after taking his former employer to tribunal.

Alan Jones, 59, from Merseyside, was dismissed by Pilkington UK Limited after the company claimed he had been carrying out work for another employer while signed off sick.

Mr Jones, who had worked for the firm since the 1980s, had been deemed unfit for work after developing radiation-induced neuropathy following cancer treatment.

The chronic condition caused major muscle loss in his dominant shoulder and, alongside depression, left him unable to continue working. 

It was accepted by all parties during proceedings that he was disabled.

An Employment Tribunal heard the company placed Mr Jones under surveillance after reports he had been seen wearing work boots and carrying out physical activity. 

Footage later showed him accompanying a friend on a farming errand, briefly lifting a small bag of potatoes and passing a hosepipe.

Pilkington treated the footage as evidence he was working elsewhere and carrying out activity inconsistent with being on sick leave.

However, the tribunal found the company failed to obtain updated medical evidence before deciding to dismiss him. 

Alan Jones, 59, from St Helens, was fired from Pilkington UK Limited where he had worked for decades since the 1980s 

Mr Jones was sacked in October 2019 and later launched legal action, supported by Unite the Union and Thompsons Solicitors, claiming disability discrimination.

At a hearing in August 2021, the Employment Tribunal ruled in his favour, finding the company had acted on a mistaken belief directly linked to his disability.

The panel concluded that dismissing him on that basis amounted to discrimination arising from disability.

Pilkington appealed the ruling at the Employment Appeal Tribunal in April 2023, but the appeal was dismissed.

The tribunal upheld the original decision, ruling employers who act on assumptions about a disabled employee’s condition without proper medical evidence can be guilty of unlawful discrimination.

Following the failed appeal, Pilkington has now been ordered to pay Mr Jones more than £329,000 in compensation.

Speaking after the case concluded, Mr Jones described the ordeal as an ‘extremely stressful six years’ during which he felt his character had been unfairly questioned.

He said: ‘I had given decades to the company. When I became unfit for work, I expected support – not suspicion, and certainly not to be dismissed for something that wasn’t true.

‘It felt like I was being targeted and pushed out. Learning that I had been placed under surveillance was deeply unsettling. I felt violated and vilified.

‘After something like this, it’s hard not to feel paranoid and suspicious of people and their motives. As a former union representative within the company, it also felt at times as though that role had made me unwelcome.’

He added: ‘Thankfully, I had the unwavering support of my wife, friends and family, as well as my union and legal team.

‘Without them, I wouldn’t have known where to turn. I’m speaking out because I believe union membership is vital in standing up for fairness and holding employers to account.

‘No one should have to endure what I went through, but with the right support, it is possible to seek justice and be heard.’

Bernie Wentworth, Head of Employment Rights at Thompsons Solicitors, said: ‘This case highlights the consequences of employers making assumptions about disabled workers rather than properly understanding their condition and the medical evidence.

‘Our client was dismissed based on a mistaken belief, and the courts were clear that this amounted to unlawful discrimination.’

Stephen Pinder, Unite’s Legal Director, added: ‘This case sends a clear message that employers cannot rely on assumptions or surveillance to override medical evidence when dealing with disabled workers.

‘Alan was a loyal employee for decades and deserved support and fair treatment, not suspicion and dismissal.’