Source: All England Reporter
Publisher Citation: [2001] All ER (D) 99 (Dec)
Court: Employment Appeal Tribunal
Judge:

Judge Reid QC, Mr K Edmondson, and Mrs J Matthias
Representation Dijen Basu (instructed by Hodge Jones & Allen) for M.
  Adrienne Morgan (instructed by Alison Lowton) for the employer.
Judgment Dates: 11 October 2001

Catchwords

Employment - Remuneration - Illness - Right to wages while absent through illness - Employee employed by local London authority - Employee suffering accident at work - Employee subsequently taking lengthy sickness absence - Extent of liability to sickness pay under relevant schemes - Whether causal link between absence and accident.

The Case

On the true construction of the sickness pay scheme under para10 of the National Agreement on Pay and Conditions of Service of the National Joint Council for Local Government Services and the Greater London Whitley Council Scheme, the Whitley Scheme was intended to cover the case of injury sustained during the discharge of duties under the employment contract, whereas para10 was intended to cover 'normal sickness'.

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