Newham Council Tutor Loses Dismissal Case After Working Four Jobs on Sick Leave
A former tutor for the London Borough of Newham has been unsuccessful in his legal challenge against the council after being summarily dismissed for secretly holding four other jobs while on certified sick leave. Ferris Lindsay, who served as an ESOL (English for Speakers of Other Languages) Tutor since September 2011, saw his claims of unfair and wrongful dismissal entirely rejected by an Employment Tribunal.
Discovery Through Personal Blog Leads to Investigation
In the summer of 2023, Lindsay raised health concerns and submitted multiple doctor's notes certifying he was completely unfit for work. However, the council received a tip-off in September 2023 that Lindsay had been working elsewhere during his sickness absence. This revelation was prompted by a blog that Lindsay himself had published, which detailed his activities.
During a subsequent investigatory interview, Lindsay admitted that while signed off sick from his council position, he had been working in four other capacities. These roles included serving as an internal quality assessor, running a primary school chess club, teaching English to teenagers over Zoom, and operating a Saturday conversational club.
Defense Arguments and Tribunal Findings
Lindsay defended his actions by arguing that these alternative roles were less demanding than his council job, involving smaller groups, shorter hours, and no preparation or marking requirements. He also claimed he disagreed with his GP's assessment and believed he was capable of a phased return to work.
However, Employment Judge S Povey noted that Lindsay had deliberately obtained and submitted 'unfit for work' notes to the council to receive sick pay, while simultaneously undertaking work of a similar nature for other employers. The council's Employee Code of Conduct strictly prohibits employees from undertaking any other work while on sickness absence.
Furthermore, Lindsay had failed to formally declare his other jobs to the council or obtain the express written consent required for employees of his pay grade to take on additional employment.
Fundamental Breach of Trust and Fair Dismissal
In the reserved judgment following a hearing in March 2025, Judge Povey ruled that the council’s decision to dismiss Lindsay for gross misconduct was both substantively and procedurally fair. The judge emphasized that the situation created a fundamental breach of trust, stating: "Employers are entitled to trust their employees that when they say that they are too ill to work, they mean it and that they will not thereafter work for others."
The tribunal concluded that Lindsay’s behavior "went to heart of the implied term of mutual trust and confidence between employer and employee," fully justifying the council's decision to dismiss him without notice on February 9, 2024. This case underscores the critical importance of transparency and adherence to employment policies regarding sickness absence and secondary employment.
