EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102586/2024 Held at Aberdeen on April 2024 Employment Judge N M Hosie Miss A Mackenzie v Represented by, Mr S Colligan, Highland Health Board — 2024

Arlene Mackenzie claimed that Highland Health Board had failed to pay her sick pay, pleading breach of contract or, alternatively, unlawful deduction of wages. The parties agreed that the sum in dispute was £1,095.50. Miss Mackenzie had started employment in 2007, was diagnosed with multiple sclerosis in 2012, went on sick leave on 27 October 2022, moved to half pay on 6 March 2023, and her sick pay stopped on 3 September 2023 before her annual leave ran out on 29 September 2023.

The tribunal accepted the respondent's evidence that the relevant Agenda for Change document was the version last updated on 5 June 2023, that Annex 26 was also the current version, and that the Attendance Policy was the applicable local sickness absence procedure. It held that the Stage 2 meeting on 31 August 2023 was the "final review meeting" for these purposes, not the later Stage 3 dismissal hearing on 23 October 2023.

On that basis, the tribunal found that Miss Mackenzie had not completed 12 months of continuous sickness absence before the final review meeting, so the contractual provision for reinstatement of sick pay was not met. It also found that there had been no delay by the employer within the meaning of paragraph 14.11, accepting that the respondent had followed the policy and had sought Occupational Health input before moving to dismissal. The claim was therefore dismissed, and no monetary award was made.