Geraldine Birt v Glasswater Retirement Home Lodge Ltd and Others (CASE REF: 1140/14)

• Case Reference

  1140/14

• Decision Number

  Glasswater Retirement Home Lodge Ltd and Others

• Legal Body

  Northern Ireland Industrial Tribunal (NIIT)

• Type of Claim / Jurisdiction

  Absence and Sickness, Contracts of Employment

The claimant was employed for several years by the respondent company which operated a Care Home. She initially had a number of periods of sick leave during which she received full pay. Later the respondent altered arrangements claiming that there were no contractual arrangements in relation to sick pay and that only statutory sick pay would be paid going forward.

The claimant argued that there was an explicit term of her contract of employment covering sick pay or, in the alternative, that it was an implied term. The tribunal held that neither term existed; notwithstanding the fact that the claimant had been paid in full on previous occasions and according to the tribunal, "normally, such a

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