Insurance manager sacked for working as children's magician ‘Mr Hocus Pocus’ while on sick leave for stress

Peter Hopkins, 38, had been away from his job with Legal and General for six months with stress when he performed as "friendly wizard" Mr Hocus Pocus.

An employment tribunal heard that a human resources officer from the firm who was in the audience at a christening party spotted Mr Hopkins in his shiny green wizard's robe and pointed hat.

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Mr Hopkins was then sacked from his £30,000-a-year job as a resource planning manager for gross misconduct.

He told the hearing: "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."

However, the tribunal in Cardiff yesterday dismissed his claim for breach of contract, saying the company had acted fairly.

Ian Steele, for Legal and General, told Mr Hopkins: "You must have thought Legal and General would have cause for complaint if you performed magic tricks for money while you were employed by them.

"The website for your magic shows was operational throughout your sickness period and your advert was in the Yellow Pages."

The tribunal heard that Mr Hopkins, a father of one, had previously been warned by the company after being caught performing a show while he was supposedly off work with flu.

His line manager, Mark Cady, said: "He had been warned in 2004 that it was unacceptable to take paid employment while sick.

"When he was caught a second time, I was left with no option but to dismiss him instantly. It was gross misconduct."

Mr Hopkins, from Barry, South Wales, said later: "There is no way I should have been sacked, because I only accepted money for the magic show to cover my expenses.

"I only took £20, when I would normally charge £140.

"My sicknote had run out by then anyway, so I was ready to go back to work."

Mr Hopkins said he was putting his magic career on hold while he looked for another job.

"It's more difficult now because I wanted to prove the point that I should not have been sacked," he added.

Mr Hopkins's website offers magic performances at corporate events, cocktail parties, conferences, private functions, hotel theme nights and company dinners.

It says: "Peter has been performing magic since he was a young boy, an interest that has continued for over 20 years.

"He is a seasoned entertainer of audiences large and small and is currently available to perform in the UK and internationally."