A council employee, Elisha Neavin, 37, has been ordered to pay £20,000 after taking a second job with British Gas while on sick leave from Southwark Council in London. Neavin was found to have breached council rules by accepting an apprenticeship with British Gas while claiming to be 'unfit for work' due to mental health issues. Neavin, who had worked for the council for 15 years, was dismissed for gross misconduct after appearing in a promotional video for the energy company.
Neavin alleged discrimination against the council in an employment tribunal but lost her case. The tribunal ruled that she must pay her former employer £20,000 for the costs incurred in defending the lawsuit. The tribunal stated that the amount represents approximately half of the council's total costs.
Neavin began her employment with the council in 2010 and had reported mental health challenges, including depression and anxiety. Her contract specified that any outside employment must not conflict with the council's interests. In September 2023, an occupational health report indicated that she was unfit for work due to her mental health condition.
Despite her claims of being unable to work, it was discovered that she had started working for British Gas around December 11, 2023. Following a capability hearing, her medical suspension was lifted in September 2024, but she continued to delay her return to work. An investigation revealed her employment with British Gas, leading to her dismissal in March 2025.
Neavin's claims of unfair dismissal and discrimination were dismissed by the tribunal. Employment Judge Francesca Yardley stated that the council's actions were justified in pursuing legitimate aims related to Neavin's health and the management of operational uncertainty due to her extended medical suspension.