Source: All England Reporter
Publisher Citation: [2002] All ER (D) 109 (Aug)
Court: Employment Appeal Tribunal

Judge Reid QC, Mr J Rivers and Mr S Springer

Judgment Dates: 1 July 2002


Employment - Contract of service - Breach of contract - Entitlement to statutory sick pay - Qualifying days - Proper approach to tests for qualifying days - Statutory Sick Pay (General) Regulations 1982, reg 5(2).

The Case

An employment tribunal had erred by applying the test for a qualifying day for statutory sick pay contained in reg5(2)(b) of the Statutory Sick Pay (General) Regulations 1982 when there was no agreement between the employer and employee that there was no day on which the employee would be required to work.

Practice Areas

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