Mr Tim Skinner v , NASUWT Aberdeenshire Council — 2023

The claimant, a teacher at Turriff Academy, was absent from work from 28 September 2021. The tribunal found that, up to 23 January 2022, the absence was caused by work-related stress arising from changes at work and the pressures that followed. The tribunal accepted the claimant's evidence as credible and reliable, and found that the respondent was itself treating the situation as work-related stress while it held meetings aimed at enabling his return.

The legal issue was whether that absence fell within the SNCT provisions for a separate allowance under paragraphs 6.20 and 6.21 and the unnumbered paragraph that followed, rather than ordinary sick pay. The tribunal rejected the respondent's argument that the occupational health evidence was insufficient because it used the word 'perceives'. It held that the claimant's own GP had confirmed work-related stress and that the occupational health nurse, as the medical officer appointed by the council, had also confirmed that the illness was work related when the report was read as a whole and in ordinary language.

The tribunal found that the claimant's absence after 23 January 2022 was different in character, because following a cardiology appointment he was advised not to return to work due to a heart condition. The claim before the tribunal was therefore limited to the earlier period of work-related stress up to 23 January 2022. Because the respondent paid half pay rather than full pay for that period, the claimant suffered an unlawful deduction of wages.

The amount of the deduction was agreed by reference to the respondent's schedule of loss at £2,410.01, which the tribunal ordered the respondent to pay. The tribunal noted that pension consequences might also need to be addressed, and indicated that either party could apply for reconsideration if they wished to seek any alteration to the monetary award.