Mr Said Fahim Hamid v Asda Stores Limited — 2026

Mr Said Fahim Hamid, a warehouse operative employed by Asda Stores Limited since 2007 (or 2015 per appeal bundle), brought a claim under s.13 and s.23 Employment Rights Act 1996 for unauthorised deductions in respect of contractual sick pay. The matter was heard at London South Employment Tribunal (Croydon) on 25 February 2026 before Employment Judge M Da Costa sitting alone, with judgment reserved. The claimant appeared in person, assisted by a Dari interpreter and a McKenzie Friend, and was unable to read or write. The respondent was represented by Mr MacMillan of counsel and called Ms Tanner and Mr Stone as witnesses.

The respondent accepted that contractual sick pay was not paid in June and July 2025. The disputed legal issue was whether that deduction was authorised by a contractual provision under s.14(4)(a) ERA 1996. The Tribunal applied the principle in Merseyrail that an employer wishing to look behind a GP's fit note must undertake some medical investigation; on the construction of the respondent's ALS Hourly Sick Pay Policy, when doubt is raised about medical evidence, it falls to the employer to rebut that doubt before withdrawing contractual sick pay. The Tribunal found the respondent's appeal officer Mr Stone had not followed up apparent doubts before terminating contractual sick pay.

Accordingly, the claim succeeded. The Tribunal made a declaration of unlawful deduction of wages between 14 May 2025 and 21 July 2025 and ordered the respondent to pay the agreed gross figure of £4,492.75 (£5,886 gross wages owed less £1,393.25 already paid).