Ms G Balcikoniene v Sainsbury’s Supermarkets Limited — 2019

The claimant brought a complaint of unauthorised deduction from wages after the respondent withheld Company Sick Pay during sickness absence from 2 October to 24 December 2018. The respondent accepted that its Attendance Policy gave eligible employees a contractual right to Company Sick Pay, but said it had lawfully exercised discretion to withhold it.

The tribunal found that the claimant was eligible for Company Sick Pay. She had followed the absence reporting procedure, provided fit notes, and maintained the regular or agreed contact required by the policy. The tribunal also found that the respondent had not established either of the grounds it relied on for withholding Company Sick Pay: the claimant had not failed to comply with the policy steps, and she was not absent immediately after a request to attend a disciplinary meeting.

The tribunal concluded that the Company Sick Pay was properly payable and that withholding it amounted to a series of unauthorised deductions from wages contrary to section 13 of the Employment Rights Act 1996. The respondent was ordered to pay £3,263.04, plus £7.00 in travel expenses under rule 75(1)(c).