Employee sacked for texting in sick

22/11/2007

Mark Morrison took time off from tile shop Tile It All (UK) Ltd in Edinburgh when he learned his brother was dying last December.

He called the store to say he would not be at work for two days as his brother's condition had worsened.

When his brother died on 29 December, he sent a text message to his boss, Robert Selley, the firm's area manager for Scotland, to advise him. He then sent another text to say he would be off sick until after the funeral.

Mr Morrison returned to work on 11 January and said that no comment was made when he handed in his sick note.

He then failed to attend work on 15 January and sent further text messages to the manager of the shop on five consecutive days saying he was depressed and could not come to work. He also said he had been signed off work for two weeks by his doctor with depression.

Before he returned to the store, Mr Morrison received a letter summoning him to a disciplinary hearing for failure to follow company procedures for reporting sickness or absence.

He was subsequently dismissed for failing to follow the company's policy.

Mr Morrison denied he knew of any company policy insisting on phonecalls rather than text messages to report absences.

The employment tribunal concluded his dismissal was unfair. A ruling issued by the tribunal noted he had not been disciplined or warned informally when he returned to work after his bereavement.

Susan O'Brien, the tribunal chairwoman, said the company's complaint was petty, and the tribunal did not accept the claimant had been told he must not notify absences via text.