Source: All England Reporter
Publisher Citation: [2006] All ER (D) 110 (Jan)
Court: Employment Appeal Tribunal
Judge:

Richardson J, Mr D Chadwick and Mr D Evans

Representation Roger Harper (instructed by Sims Cook & Teague, Bristol) for the employee.
  Diya Sen Gupta (instructed by Alan Hodge, Bristol) for the employer.
Judgment Dates: 1 November 2005

Catchwords

Employment - Contract of service - Implied term - Sick pay - Whether tribunal correctly approaching question of entitlement to sick pay.

The Case

Following established authority, the employment tribunal's task in determining whether the employee was entitled to salary when off sick was to look at all the facts and draw an inference one way or another. It was not appropriate in the light of Mears v Safecar Security Ltd simply for the tribunal to state that it had found insufficient evidence to satisfy itself that sick pay was a term of the contract of employment.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.