Woman sacked for calling in sick on Mondays wins Rs 3.4 lakh payout

A hairdresser has reportedly been ordered to pay 3,453 pounds (Rs 3,44,204) in compensation after sacking an employee for repeatedly calling in sick on Mondays.

25-year-old Celine Thorley, who worked for Christian Donnelly's Acute Barbers in Cardiff University's student union, was sacked after she did not turn up on a Monday for work, Metro reported.

The incident took place in October 2021, when Donnelly warned Thorley at the end of her shift on a Friday saying, "don't let me down on Monday", as she was throwing a Halloween house party that weekend. However, on Monday, she messaged him saying that she could not get out of bed because she was "all shaky."

"Hey Chris I know you’ll be mad at me but I can’t make it to work. I am sorry I really didn’t think I would be so bad that I’m not feeling well at all. A mess yesterday and I woke up this morning and felt instantly nauseous. I really thought I would be fine today. .. my stomach is killing me and I’m all shaky… I really can’t get out of bed Chris. I am so sorry!,” the text read.

Donnelly, who thought she was faking her illness, fired her immediately.

After four years of phoning in sick on Mondays because you'd had a good weekend, I can do what I like, trust me, he told her. When Thorley warned she would take him to a tribunal, Donnelly responded saying "You've had all your warnings. Crack on with all that legal s***."

Donnelly told the tribunal that in her first year she had more time off than her colleagues combined and that the sick days almost always followed weekends. He added that she had 17 days of Monday/Tuesday absences as well as 10 days off recovering from a burn.

In her defence, Thorley stated that the number of absences was "not as bad" as Donnelly suggested, and claimed to suffer from endometriosis.

The employment judge held Thorley's complaint of unfair dismissal, accepting that the claimant suffered from a “physical impairment” as a result of menorrhagia (heavy periods). The judge subsequently ordered Donnelly to pay Thorley, a total of 3,453 pounds, as he had not followed the “fair process” in dismissing her.

Reacting to the order, Donnelly told Wales Online he stands by the decision because there was a "pattern" of Thorley calling in sick on Mondays. However, he accepted he should have gone through the correct process including written warnings.

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