Ms W L Ogden v Greater Manchester Buses South Ltd: 6012331/2025
JUDGMENT
[1]The claimant’s complaints of unauthorised deduction from wages, outstanding holiday pay and notice pay are not well founded and fail.[2]The outline reason for the decision is that the claimant could not establish a contractual right to be paid more than statutory sick pay and so was unable to show a shortfall in wages properly payable to her during her absence from July 2024 to termination of employment in December 2024. In the alternative, if the claimant had established a right to two weeks top up from statutory sick pay to full pay, for every complete year of service for a rolling twelve months from first date of sickness absence, then the Tribunal would have accepted the respondent’s submission that she had exhausted her entitlement to top up pay by her absence between August and October 2023 as at July 2024 when she went off sick and the Tribunal would have accepted the respondent’s submission that it overpaid her in error and was entitled under Sections 13(1)(b) and or Section 14 (1) (a) Employment Rights Act 1996 to deduct overpaid Case Number: 6012331-25 wages from final pay. The claimant failed to actively pursue her argument for notice pay and holiday pay on termination and so those complaints fail and are dismissed. Approved for promulgation by