Postman off work sick for year with bad shoulder was seen working in shop

A postman was fired after he was spotted working at a corner shop while off sick with a bad shoulder, a tribunal heard.

Pathamaraja Kanapathipillai had been off work injured for a year when a Royal Mail manager caught him carrying a box of drinks.

After realising he’d been seen, the postie of 20 years ducked and hid behind a crate until she left, a hearing was told.

When challenged, he admitted he did help out at the Nisa store owned by his cousin but denied being paid for it.

However, his boss spoke to another worker who said he had been on the ‘late shift’ despite him telling them he could not work as a postman for the previous 12 months as he was in ‘so much pain’.

Mr Kanapathipillai was fired after being found guilty of gross misconduct.

He then sued Royal Mail but his claims were dismissed by an employment tribunal which found he was ‘in fundamental breach of contract’.

The panel heard Mr Kanapathipillai tore a tendon in his shoulder in August 2019 and went off sick until the following year.

In June 2020, an occupational health assessment revealed he was fit to do ‘an adjusted indoor role with minimum manual handling’.

But the tribunal heard he told Wayne Millard, his line manager, ‘multiple times’ he was in so much pain he could not return to work at the delivery office in Waltham Cross, Herts.

In August, he was then seen by Royal Mail manager Kelly Bickerstaff at the shop in Cheshunt, Herts, and she reported him to Mr Millard.

She told the panel, sitting in Watford: “Pat was carrying a crate of soft drinks and walked behind the till.

“Pat is off long term sick as he has an injury to his shoulder which is preventing returning to work, which is why I thought this was strange he appeared to be working in this store.

“Pat then proceeded to hide behind the till area, once he had seen me. He continued to do this until I left the shop.”

Mr Millard told the tribunal he went down to the shop where it was confirmed initially that someone called Pat had worked there that afternoon.

When Mr Millard contacted Mr Kanapathipillai, he denied all the allegations.

He did however tell Mr Millard he did help out but did get paid for it which he could ‘prove’ with bank details.

When Mr Miller next went to the Nisa shop, he said the employees were being ‘evasive’ as no one would tell him if Mr Kanapathipillai worked there, the panel heard.

During a fact finding meeting, the postman claimed he hid from Ms Bickerstaff as he did not want her to ‘mistakenly’ think he was working there as he ‘clearly recognised that it did not look good’.

He was then fired for gross misconduct without notice after an investigation found he ‘performed a manual lifting and handling task whilst on long term sick absence with a right shoulder’.

Mr Kanapathipillai unsuccessfully appealed this decision, claiming Ms Bickerstaff had ‘fabricated’ her evidence and said it was orchestrated in order to get him to leave the organisation.

He then sued his employer but the tribunal – headed by Employment Judge George Alliott – found the investigation into his sacking was ‘reasonable’ and ‘thorough’.

Judge Alliott concluded: “Royal Mail has asserted that his conduct in appearing to be gainfully employed in a shop whilst on sick leave… was in breach of the implied term of mutual trust and confidence in that he could not be trusted.

“His actions in seeking to hide when observed indicate that he knew he was doing something wrong.

“I cannot find that the decision to dismiss was outside the range of reasonable responses of a reasonable employer.

“Further, I find he was in fundamental breach of contract and as such, Royal Mail was entitled summarily to terminate his contract of employment.”