Fahey v Plymouth Hospitals NHS Trust [2012] UKEAT/0391/11/LA
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Published on: 25/05/2012
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Background
This was an appeal against the decision of a Tribunal which dismissed a claim brought by Ms Wendy Fahey (“the Claimant”) against her former employers the Plymouth Hospitals NHS Trust (“the Respondent”) for the unlawful deduction of wages.The Claimant was employed by the Respondent as a ward administrator and theatre coordinator. She was absent from work on the grounds of ill health from 24 July 2009 until her employment came to an end on 30 July 2010. For much of the time between those dates the Claimant was on sickness pay – first at full rate, then at half rate. When she was given notice, however, the Respondent reverted to paying her in full at her basic rate of pay.The Claimant claimed that unlawful deductions were made from her basic pay in both June and July 2010 which were unlawful. Her wages slips did indeed show that deductions were made in both June and July 2010. Before the Tribunal the Respondent said that it had made the deductions in respect of incapacity benefit. It was the Respondent‟s case that it was entitled to make this deduction; and that otherwise the Claimant would have been better off when sick than she would have been if she was working.The claimant appealed and this was upheld by the EAT. There was no evidence before the Tribunal of any contractual provision authorising the deductions and the Tribunal was not entitled to infer that there may have been such a provision on the say-so of witnesses or from the nature of correspondence given the contractual documentation produced to it.http://bit.ly/LxzeYr
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This article is correct at 25/05/2012
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