Walker v SoS for Trade & Industry - Employee on sick leave dismissed after found racing motor cycles [2006] EAT

An employee claimed he was unable to work properly because of illness but the employer found he was taking part in competitive motorcycling racing (at least 15 races). He was dismissed. He made and lost an unfair dismissal claim, asserting that motor cycle racing and work were quite different and that he clearly would have returned to work as soon as possible because of loss of income. The Tribunal did not buy this, finding that he thought "until a very late stage" that he would be in receipt of full pay while off sick.

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