Source: All England Reporter
Publisher Citation: [2002] All ER (D) 259 (Jul)
Court: Employment Appeal Tribunal

Lindsay J, Mr Ezekiel and Mr Willis

Representation The employee appeared by his representative and the employer appeared by its representatives.
Judgment Dates: 14 March 2002


Employment - Contract of service - Breach of contract - Entitlement to statutory sick pay - Contract of employment providing that employee should be examined by designated doctor in order to determine whether absenteeism reasonable and whether employee entitled to statutory sick pay - Employer deciding that employee not entitled to statutory sick pay without first having employee examined by doctor - Whether breach of contract.

The Case

Under the terms of an employee's contract of employment, the employer was not entitled to conclude that there was no good reason for the employee's absence (and that statutory sick pay was therefore not payable) before that employee was examined by the employer's doctor.

Practice Areas

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