A reality TV star, who was employed by EE, lost his unfair dismissal case against his former employer.
Luke Worley, a store supervisor in Basildon for the telecommunications firm, did not report to work between 13 and 26 September 2021.
He was a star of the reality show Married at First Sight and was asked to appear alongside Davina in another show in Spain, ‘The Language of Love.’
The court heard that he flew to Spain to film a reality TV show, despite the fact that his manager had not agreed to him taking a leave.
Store employees were discouraged from taking leave during the launch of new iPhones, as the shops would be more busy. This week’s launch coincided with the iPhone 13 launch.
He was granted leave from 27 September to 3 October by his manager, but his request for the iPhone Launch Week, a few days earlier, was denied.
The tribunal heard that Worley had told his manager he was prepared to “face any consequences upon his return to his work” but would still film the show.
His manager called him, but he did not respond. He was then invited to attend a disciplinary meeting that would be held upon his return.
He claimed that he was “unaware” of the seriousness despite numerous communications from EE bosses.
He was dismissed in early October for gross misconduct, a result of his unauthorised absence. He appealed, but was denied. In December 2021 he began early conciliation with Acas.
Worley also made a claim for disability discrimination, claiming that his dyslexia – which he hadn’t previously disclosed to EE – meant he had interpreted EE’s policy regarding unauthorised leave in a different way.
The tribunal decision concluded that “He did not produce any medical, educational, or employment records which suggested he might be dyslexic.”
We accepted the claimant’s testimony that a fire had destroyed personal medical records which could have helped his case.
The tribunal dismissed the claim for disability discrimination on the grounds that the judge felt that Worley did not meet the definition of disabled person as defined by the Equality Act 2010
The tribunal also rejected his claim of unfair dismissal, finding that EE had made a reasonable decision in dismissing him, and that its procedures and investigations were fair.
Subscribe to our weekly HR news and guidance
Every Wednesday, receive the Personnel Today Direct newsletter.
Personnel Today offers employee relations opportunities
Browse Employee Relations Jobs
