Man vindicated after being fired for texting in sick

A UK tile store sales clerk has been awarded almost £7,000 (over $14,000) by an employment tribunal after he was fired for texting in sick. Apparently Edinburgh's Tile It All takes the phrase "calling in sick" quite literally -- requiring an actual phone call stating one's intentions to miss work -- but former employee Mark Morrison claims to have been unaware of this policy when he took over two weeks off due to his brother's death and the resulting depression. Before he could return to his job, however, Morrison was summoned to a disciplinary hearing where he was given the ax for failing to abide by company policy. Instead of taking up arms a la the traditional disgruntled worker, Morrison wisely chose a more official forum to air his grievances, and succeeded in proving that he had not received proper discipline or warnings prior to getting pink slipped.

[Via The Register]

[Chris Macdonald @ Nov 23rd 2007 11:28AM]

me sick not work paece

[LondonConsultant @ Nov 23rd 2007 3:13PM]

"Bro like parrot. Brain like mush peas. Off for Hogman. CU 07."

[mhaney @ Nov 23rd 2007 11:29AM]

As usual, policy lags behind technology.

[Justin @ Nov 23rd 2007 11:39AM]

Somehow I missed the fact that this was in the UK on my first read-through. I wondered how a guy could actually succeed with such a lawsuit, given that you can get yourself canned legally in most of the States for pretty much anything beyond race, religion, and...age, I think, and proving even those things is next to impossible.

[tande @ Nov 23rd 2007 1:06PM]

It probably would of worked just the same in the US. Heck I'm in a "right to work" state and in my last three jobs it would of been like pulling teeth to get anyone fired for something like this.

I don't think the issue was really "how" he called in but the fact that the company didn't adequetly address it before letting him go. In the past when I've dealt with things like this its been all about document, document, document. That way when something like this came up, which was way more often then for EOE stuff, we could demonstrate that the person knew better and had been told the proper way. It seems stupid that you have to spell out to anyone that if you aren't showing up to work we'll fire you but yeah suits like that are won every day in the US.

[Justin @ Nov 23rd 2007 1:15PM]

Actually, that's good to know. Not that I plan on using it personally, but still, it just means the situation might be a little less bleak for the average Joe worker drone here than I thought it was.

[Genjinaro @ Nov 23rd 2007 11:41AM]

What kind of "stickler" reports someone for that no to mention even enforcing a dated-rule like that anyway?

[zoara @ Nov 23rd 2007 11:43AM]

If he was British, he'd have been given the axe.

I R sck + nt cmn in 2 wrk 4 2 wks. l8rz

[Carbonize @ Nov 23rd 2007 11:52AM]

Obviously not to depressed that he forget to report in sick. Anybody who's ever been really depressed knows that you get lethargic to the point you don't even see the point in getting dressed.

Also he was obviously not to depressed to seek legal advice after being sacked. Anyone who was depressed would of just taken the dismissal as yet another sign that life sucked.

[Justin @ Nov 23rd 2007 12:05PM]

Any true Scotsman...

Depression doesn't necessarily manifest in those ways in everyone, you know.

[John @ Nov 23rd 2007 11:57AM]

I can see a point for having to actually call in... it's a lot harder to miss a ringing phone than it is to miss a buzzing cell phone. If you have a message that has to get through, always use a land line, because cell phones are not as reliable service wise, nor is it mandatory for people to have them turned on all day.

[kevin @ Nov 23rd 2007 12:01PM]

7,000 euro is not 14,000 dollars. its $10,385.75
its not just a 2:1 ratio

[farfisa @ Nov 23rd 2007 12:05PM]

It's pounds--£7000. UK still likes their pounds.

[Justin @ Nov 23rd 2007 12:06PM]

Those are pounds, not euros, and yes, it's over $14000.

[Blah @ Nov 23rd 2007 12:09PM]

This is £ not €.

[Michal @ Nov 23rd 2007 12:42PM]

pwnd!

[Jaymez @ Nov 23rd 2007 12:18PM]

Text messeges are not a valid form of communication, IMO. I'd have terminated him as a no-call, no-show. Texting is for teenagers.

[DarkLightConnection @ Nov 23rd 2007 1:42PM]

Exactly what part of it isnt a valid form of communication?

Last time i checked you could communicate with others via text ""messege"", and the messages sent/received were perfectly valid

[sr @ Nov 23rd 2007 2:20PM]

In fact texting is more reliable than calling. The message always gets through even if you are out of coverage or your phone is off, it just gets there when the coverage resumes or phone is turned on.

Now, I can't ever do such a thing since nobody has "official" cell phones here and the only two ways to reach someone officially are via Phone and E-mail. Both of which are considered acceptable here since all they care about is that they are informed. That is what COMMUNICATION is - getting the message across, not your limited definition.

[sr @ Nov 23rd 2007 2:22PM]

I think you're more worried about the 5 cents it costs you receive the message. This is what I have noticed about some people and texting.

[Jaymez @ Nov 23rd 2007 12:20PM]

Sorry, man. I've been depressed. I've been on the brink of suicide. Depression didn't cripple me. It made me hurt all over and emotionally numb. You can't say that was not depression since I didn't exibit your symptoms.

[murray @ Nov 23rd 2007 12:26PM]

On a more disturbing note, that blue phone in the picture is my current phone.

[eurobloke @ Nov 23rd 2007 12:56PM]

How is that disrbing that you still have a Nokia 3310? If, it is OK for you, then fine.

[murray @ Nov 23rd 2007 1:16PM]

It's not okay! I'm a gadget freak, so how can I be happy with a 5+ year old phone? :)

[DarkLightConnection @ Nov 23rd 2007 1:45PM]

I am a power-geek and gadget freak, and i have a 4 year old phone... that doesnt makes me less geek, it just makes me a geek that prefers non-phone PDAs over phones :-)

[eurobloke @ Nov 23rd 2007 1:02PM]

Depression affects different people in different ways.

I had a father, that was depressed, and it is not a pretty sight. He still went to work, but had no pride in his dress or he broke things apart.

Back to this story, under British law, one cannot be wrongful dismissed, ie, dismissed under terms which are illegal. However, one can be dismissed if the person worked for last then a year, for no reason what so ever.

He was sacked for inapportate conduct for giving notice for his sick leave, but he was awarded because there was not notice that the policy for giving a sick notice by text had changed.

[Marsha @ Nov 23rd 2007 1:45PM]

It doesn't say he failed to notify work that he was taking two weeks at all; it merely says he did not properly notify the company because he used text instead of voice. If it were such an issue, why did his employer not attempt to contact him after receiving the text message?

[sr @ Nov 23rd 2007 2:23PM]

It's a BS cop-out. Communication is communication. However, the smart employee would rather talk to a person because that is the only way to make SURE the message was received. Well that or E-mail with read receipt.

[Logboy @ Nov 23rd 2007 4:33PM]

Bottom line, if he was a valuable employee he would have gotten a stern warning and maybe a slap on the wrist. My guess is he is a sack of crap and the boss chose this event to can him.

[hutz @ Nov 23rd 2007 2:51PM]

The degree of depression isn't really the point, it's the loss of a close family member. A bereavement such as this can be devastating. I've recently gone through a similar experience and found it hard to talk to people about it in the first few weeks without breaking down. Texting may well have been a less painful and awkward form of communication for this guy and his company should have shown a more compassionate approach and given him some leeway.

[iseedeadpeople @ Nov 23rd 2007 10:31PM]

I can't believe they canned him right after his brother died! I would wait until the next screwup, even for the worst employee schmuck. That's just evil.

I also can't believe most of the other commenters got caught up on, "does txt msg count as communication." Jeez.