A teacher was dismissed from his post after it emerged that he was secretly running a chess club while signed off work on sick leave.Ferris Lindsay had been absent for several months due to an autoimmune disease, yet was found to be operating the club in secret. His actions were deemed a breach of company policy, leading to his termination for gross misconduct.It was also revealed that Mr Lindsay was managing a 'conversational club', conducting English tutoring sessions for children, and working as an internal quality assessor. Despite receiving a warning about violating company rules, he continued his activities. He later sued for unfair and wrongful dismissal at the East London Employment Tribunal but lost his case.Mr Lindsay was employed by the London Borough of Newham from September 2011 until he was sacked in February 2024.He worked for the council authority as an ESOL (English for Speakers of Other Languages) tutor.Mr Lindsay’s doctor issued him with a fit note (Getty Images/iStockphoto)Mr Lindsay was diagnosed with myasthenia gravis, an autoimmune disease, in the summer of 2023, but he had been experiencing double vision for some months beforehand.He was certified by his GP as unfit to work on and off from April 2023.It was proposed that he started a phased return to work in June 2023, but a couple of days after the proposal, he told the council that he was no longer fit to work.In September that year, the council found out through blog posts by Mr Lindsay that he had been working for a number of different employers, and also in a self-employed capacity, during his sick leave.An investigation was launched.The tribunal heard: "[Mr Lindsay] was interviewed by Alice McFarlane as part of her investigations on 9 November 2023."During that interview, [Mr Lindsay] confirmed that whilst signed off as unfit to work, he had undertaken work in four other roles: As an internal quality assessor; Running a chess club for primary school children; Teaching English to a group of teenagers via Zoom; and Running a conversational club on Saturdays.""[Mr Lindsay] stated that he was able to undertake these roles as they were less demanding than his job with the [council]."What is myasthenia gravis?Myasthenia gravis, a rare and chronic condition, manifests as debilitating muscle weakness. While it can impact muscles across the entire body, it commonly impacts the eyes, eyelids, facial expressions, chewing, swallowing, and speaking.The condition can affect people of any age, though it typically emerges in women under 40 and men over 60. The autoimmune disorder occurs when the body's immune system – its natural defence against infection – mistakenly targets and attacks healthy tissues. While the trigger remains unclear, a link has been identified with the thymus gland, an integral part of the immune system located in the chest. Many patients present with an enlarged thymus, and approximately one in 10 develop an abnormal growth within the gland, known as a thymoma.- NHSMs McFarlane said: "He was advised after his initial phased return to work that working for another organisation whilst on sick leave was a breach of the code of conduct. He continued to undertake his employment in the other roles after this."Mr Lindsay was sacked for gross misconduct, and despite appealing, he was unsuccessful.Employment Judge Stephen Povey ruled that he was not unfairly or wrongly dismissed.He said: "Mr Lindsay worked whilst signed off sick. It was worth remembering that he was the one who went to his GP, received a fit note and submitted that fit note to his employer."It was Mr Lindsay who was telling his employer in various emails that he was not fit for work. At the same time, he was undertaking work of a similar nature for others."In addition, the [council's] Code of Conduct was clear – employees were not permitted to work whilst off sick. Not only was it clear, it was also reasonable."If an employee was deemed unfit to work for the [council], it was unreasonable for them to engage in work for others at the same time."Not only might that impair their recovery, there was a far more fundamental issue at large – he had represented to the [council] that he was unfit for work and then proceeded to work for others."There was an inherent issue of trust engaged. Employers are entitled to trust their employees that when they say that they are too ill to work, they mean it and that they will not thereafter work for others."