A KEEN cyclist, who claimed he was unfairly sacked from Teignbridge Council, took part in a gruelling 106km race while he was off sick.

An Exeter employment tribunal heard Andrew Hamlyn from Newton Abbot completed his sixth Dartmoor Devil Endurance event less than three weeks after he was signed off sick with a viral chest infection and stress-related illness in October 2007.

Mr Hamlyn, 54, said he took part in the event after his doctor told him to continue with his cycling to aid his recovery.

He claims Teignbridge Council embarked on a 'campaign of bullying' after they communicated with him 58 times including emails, letters and phone calls.

He was off sick for a total of 92 days after which he was dismissed on the grounds of capability due to ill health.

Mr Hamlyn, who worked as an IT officer at Forde House, provided the council with a sick note from his GP saying he had a viral infection and a stress-related illness.

Mr Hamlyn said: "I was hoping to have some time to get myself together and return to work. My condition was exacerbated by the stress of receiving letters, emails and calls which started on my first sick day."

Line managers and department bosses contacted Mr Hamlyn to offer him counselling and to set up a meeting with him to discuss his illness and possible return to work.

Mr Hamlyn wrote a letter to chief executive Nicola Bulbeck saying the 'barrage' of correspondence was intimidating at a time when he was at a very low point in his health.

Steven Penford, critical personnel officer at Teignbridge Council, said: "He took part in the Dartmoor Devil event while signed off with a viral infection. If Mr Hamlyn was well enough to be out and about doing this type of thing why could he not come to a meeting with his employer?"

Teignbridge Council said they followed normal procedures and asked Mr Hamlyn for more information about his illness. They also offered to send him to an NHS occupational health worker and to meet him at a time and place of his choosing.

Teignbridge Council said Mr Hamlyn had not told them he had been advised by his doctor not to attend a work-related meeting and pointed to discrepancies in email correspondence sent by Mr Hamlyn.

They alleged Mr Hamlyn had 'doctored' emails he had submitted as documents for the case to include the word 'on my doctor's advice'.

The judge of the tribunal panel said: "At some point or other the doctor has to say when you think you might be back.

"I have sat here and listened to people in your position who have complained that they have not been contacted by their employer when signed off sick.

"If you had said due to stress you were not able to attend a meeting then we would not be here today."

The tribunal continues today.