Teacher Terminated After Operating Chess Club During Sick Leave Period
A teacher has been dismissed from his position after it was discovered he was secretly running a chess club for primary school children while officially signed off work on sick leave. Ferris Lindsay had been absent from his role for several months due to an autoimmune disease, but was found to be managing the extracurricular club alongside other work activities.
Breach of Conduct Leads to Gross Misconduct Finding
Mr Lindsay's actions were determined to be a clear violation of company policy, resulting in his termination for gross misconduct. The London Borough of Newham, which had employed him as an ESOL (English for Speakers of Other Languages) tutor since September 2011, dismissed him in February 2024 following an investigation.
In addition to the chess club operation, it emerged that Mr Lindsay was simultaneously managing a conversational club, conducting English tutoring sessions for teenagers via Zoom, and working as an internal quality assessor. Despite receiving an explicit warning about breaching company regulations, he continued these activities during his sick leave period.
Employment Tribunal Upholds Dismissal Decision
Mr Lindsay subsequently brought a case for unfair and wrongful dismissal at the East London Employment Tribunal, but ultimately lost his claim. Employment Judge Stephen Povey ruled that the dismissal was neither unfair nor wrongful, emphasizing the fundamental breach of trust involved.
"Mr Lindsay worked whilst signed off sick," Judge Povey stated. "It was worth remembering that he was the one who went to his GP, received a fit note and submitted that fit note to his employer. At the same time, he was undertaking work of a similar nature for others."
Medical Background and Investigation Details
Mr Lindsay was diagnosed with myasthenia gravis, a rare autoimmune disease causing muscle weakness, in summer 2023, though he had experienced symptoms including double vision for months prior. His GP had certified him as unfit to work intermittently from April 2023 onward.
A phased return to work was proposed for June 2023, but Mr Lindsay informed the council he was no longer fit to work shortly after this suggestion. The council discovered his additional employment activities through blog posts in September 2023, prompting a formal investigation.
During an interview on 9 November 2023, Mr Lindsay confirmed to investigator Alice McFarlane that he had undertaken four separate roles while signed off as unfit:
- Internal quality assessor
- Chess club operator for primary school children
- English tutor for teenagers via Zoom
- Conversational club organizer on Saturdays
Mr Lindsay defended his actions by claiming these roles were less demanding than his council position, but this argument was rejected by both his employer and the tribunal.
Understanding Myasthenia Gravis
Myasthenia gravis is a chronic autoimmune condition characterized by debilitating muscle weakness that can affect various body systems. While it can impact individuals of any age, it typically presents in women under 40 and men over 60. The disorder occurs when the immune system mistakenly attacks healthy tissues, with particular links identified to the thymus gland in the chest.
Common symptoms include:
- Eye muscle weakness causing double vision or drooping eyelids
- Facial expression impairment
- Chewing and swallowing difficulties
- Speech problems
Council's Code of Conduct Deemed Reasonable
The tribunal found the council's Code of Conduct, which explicitly prohibits employees from working while off sick, to be both clear and reasonable. Judge Povey emphasized the trust implications of Mr Lindsay's actions, noting that employers are entitled to trust that when employees declare themselves unfit for work, they will not subsequently work for others.
"If an employee was deemed unfit to work for the council, it was unreasonable for them to engage in work for others at the same time," the judge stated. "Not only might that impair their recovery, there was a far more fundamental issue at large – he had represented to the council that he was unfit for work and then proceeded to work for others."
Despite appealing his dismissal internally, Mr Lindsay was unsuccessful in overturning the decision. The tribunal's ruling establishes a significant precedent regarding employee conduct during sick leave periods and the maintenance of employer trust.
