Solicitor who lied about cancer diagnosis struck off

A solicitor has been struck off and ordered to pay £22,000 in costs after it was found that he lied to his employer about having cancer.

The solicitor falsely told his line manager in an email on 22 September 2023 that he had been diagnosed with cancer and was due to undergo surgery the following day. He requested a week of annual leave.

In a later phone call with the firm’s HR manager the employee claimed that after surgery he was “technically clear” of spinal cancer but would still need preventative chemotherapy. He said he wanted to keep working, although with shorter working hours.

When HR asked to follow up, he said there was no need for further discussion because he would not be taking sick leave. He also refused to provide medical information, describing his illness as a minor “blip” that would be resolved by January.

When the firm continued to request medical evidence, he said he had decided to stop treatment and that no further action was required. This resulted in the employer investigating the situation and discovering that the solicitor had lied throughout.

There are often situations where employers may not believe that sickness absence is genuine but suspicion alone is not enough for employers to take action. When investigating, the employer must balance protecting the business with respecting employee privacy and fairness.

Clear sickness absence policies, explaining employee responsibilities, reporting requirements and when medical evidence is required beyond self-certification are vital. Sickness absence should also be closely monitored, with valid medical evidence properly recorded and stored. Should you wish a review of your absence policy to ensure fit for purpose, contact enquiries@121hrsolutions.co.uk.

Solicitor who lied about cancer diagnosis struck off

121 HR Solutions Ltd