Miss I Mikolayova v Sir Robert McAlpine Ltd: 2203884/2019
JUDGMENT
The Judgment of the Tribunal is as follows: The Claimant’s claim for an unauthorised deduction from wages and/or breach of contract fails.REASONS
The claim is for the difference between her contractual pay and SSP for 4 days of sickness absence 22-25 July 2019. However, she failed to fully follow the Respondent’s reporting procedure as to such absence and as a result the Respondent declined to make any payment above SSP. They were entitled to make such a decision under Clause 7.3 of the Claimant’s employment contract giving them an unfettered discretion as to whether to pay the extra sick pay or not and so the Claimant’s claim fails and is dismissed.