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Northern Ireland
Geraldine Birt v Glasswater Retirement Home Lodge Ltd and Others (CASE REF: 1140/14)
Decision Number: Glasswater Retirement Home Lodge Ltd and Others Legal Body: Northern Ireland Industrial Tribunal
Published on: 16/10/2015
Issues Covered:
Absence & Sickness Contracts of Employment
Article Authors The main content of this article was provided by the following authors.
John Taggart BL Lecturer and Barrister
Background

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 history would constitute powerful evidence ...that it was an implied term of the contract". The claim was dismissed.

Practical lessons

After approximately 3 years there was as ‘changeover’ in the claimant's contract from being paid an hourly rate to salaried which brought clarity as to the level of remuneration. However, there was understandable confusion since the respondent had previously shown a willingness to provide full sick pay. 

Whilst in this case the claimant's mother (who was her manager) authorised the full payments, such evidence of previous payment would otherwise understandably be supportive evidence for a claimant.

The claimant, even whilst paid hourly, should have been provided with a contract of employment that clearly set out the situation with regards to sick pay. Failing that, the 'changeover' that occurred here should be regarded as an employer's opportunity to clarify all contractual terms. There was ambiguity in this case about the content of the meetings held to discuss the 'changeover' in contract and thus employers would be well advised to keep a written record of all such discussions.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 16/10/2015
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