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Employment lawLatest NewsHR practiceDismissalEmployment tribunals

Tribunal throws out claim from manager who worked while off sick

by Louisa Peacock 26 Feb 2008
by Louisa Peacock 26 Feb 2008

An insurance company manager has been sacked for working as a magician at a children’s party while on sick leave.

Mr Hocus Pocus, also a £30,000-a-year manager at Legal & General, was sacked for gross misconduct and lost his claim for breach of contract at an employment tribunal yesterday.

Peter Hopkins was dismissed after he was caught performing magic tricks at a christening party while on sick leave from L&G suffering from stress.

A human resources officer at the insurance firm was in the audience at the party, and was surprised to see Hopkins well enough to perform as Mr Hocus Pocus.

Hopkins as on sick leave between September 2006 and April 2007 when he was caught.

Hopkins had already been warned once after being caught doing a show while he was off work with the flu.

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He told the tribunal: “My doctor encouraged me to perform my magic shows. It was felt it would help me back to health by overcoming the stress-related illness.”

The tribunal in Cardiff dismissed his claim for breach of contract.

Louisa Peacock

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