Seasonal groundsman dismissed while running own business: disability discrimination claims fail
A seasonal groundsman who was dismissed while signed off sick lost his disability discrimination and unfair dismissal claims after the tribunal found he was not genuinely unable to work due to his disability but was instead pursuing his own private businesses.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #unfair-dismissal
- #sickness-absence
- #private-business
- #gp-sick-notes
- #furlough
- #reasonable-adjustments
Key facts
- The claimant was employed as a seasonal groundsman from 19 August 2019 until 14 October 2020.
- The claimant was absent from work from 6 July 2020, initially citing feeling unwell, and later provided GP sick notes for low mood from 6 August to 20 September 2020.
- During his sickness absence, the claimant was actively engaged in his own private businesses, including breaking cars and selling parts, and selling keyrings on eBay.
- The claimant did not inform his GP or employer about his business activities while signed off sick.
- The respondent dismissed the claimant on 14 October 2020, citing a reduction in workload due to COVID restrictions.
- The tribunal found that the claimant's absence was not genuinely due to his disability but to pursue his private business, and that the dismissal was not because of his disability.
Timeline
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Employment started
The claimant began working as a seasonal groundsman for the respondent.
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Request for part-time work refused
The claimant asked to work three days a week to spend more time on his private business, but the respondent refused.
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First sickness absence
The claimant started staying away from work, calling in sick without mentioning mental health.
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GP sick note for low mood
The claimant provided a GP sick note stating he was unfit for work due to low mood, covering until 20 September 2020.
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Respondent's constructive knowledge of disability
The respondent conceded it had constructive knowledge of the claimant's disability (anxiety and depression) from this date.
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Claimant emailed about return
The claimant emailed Mr Chadwick, stating his doctor recommended a phased return to work part-time.
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Respondent refused part-time return
Mr Chadwick responded that the respondent preferred the claimant to return full-time due to workload.
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Agency staff let go
The respondent decided to let go of two agency workers, and Mr Chadwick emailed the claimant to return on 14 October.
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Dismissal
The claimant failed to turn up for work, and Mr Chadwick emailed him terminating his employment, citing reduction in workload due to COVID restrictions.
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Tribunal judgment
The employment tribunal dismissed all claims of disability discrimination and unfair dismissal.
The legal issue
The tribunal had to decide whether the claimant's dismissal and the respondent's failure to put him on furlough or allow part-time work amounted to direct disability discrimination, discrimination arising from disability, or a failure to make reasonable adjustments under the Equality Act 2010.
The outcome
The tribunal dismissed all claims of disability discrimination and unfair dismissal.
Key reasons:
- The claimant was not genuinely unable to work due to his disability; he was actively engaged in his own private businesses (breaking cars, selling parts, and selling keyrings on eBay) during his sickness absence.
- The respondent's decision to dismiss was based on a genuine reduction in workload due to COVID-19 restrictions, not because of the claimant's disability.
- The respondent had offered the claimant the opportunity to return to work, but he failed to attend.
No compensation was awarded as all claims were dismissed.
Lessons & takeaways
- If you are signed off sick, be careful about engaging in other work or business activities — a tribunal may view this as evidence that you are not genuinely unfit for work.
- Employers can dismiss for a genuine reduction in workload (some other substantial reason) even if the employee is disabled, as long as the disability is not the reason for dismissal.
- Disability discrimination claims require a causal link between the disability and the treatment — if the real reason for dismissal is unrelated to disability, the claim will fail.
- Keep your GP informed of any work or business activities while on sick leave, as failing to do so may undermine your credibility in a tribunal.
The story behind the claim
This case involved a seasonal groundsman who had worked for Lickhill Manor Ltd at Lincomb Lock Caravan Park for just over a year. In July 2020 he began staying away from work, initially saying he felt unwell, and later provided GP sick notes citing low mood. The respondent accepted that he was disabled by anxiety and depression from August 2020.
However, during his sickness absence the claimant was actively running his own private businesses — breaking cars and selling parts, and selling keyrings on eBay — sometimes packing up to 60 items a day. His bank statements showed regular receipts from these activities. The tribunal found that his absence was not genuinely due to his disability but to pursue his private business interests.
What the employer did and what went wrong
The respondent dismissed the claimant in October 2020, citing a reduction in workload due to COVID restrictions. The tribunal accepted that this was the genuine reason. The respondent had also refused the claimant's request to work part-time, but this was because they needed full-time cover at the time.
The tribunal noted that the claimant had failed to inform his GP or employer about his business activities while signed off sick. When the respondent offered him the chance to return to work on 14 October 2020, he did not attend, leading to his dismissal.
Why the result matters
This case shows that disability discrimination claims will fail if the employee's absence is not genuinely caused by their disability. The tribunal found no link between the claimant's disability and the dismissal — the real reason was the respondent's reduced workload and the claimant's failure to return to work. It also highlights that employees on sick leave should be transparent about any other work or business activities, as this can be used as evidence to challenge the genuineness of their sickness absence.
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