Unlawful deduction

* An employee on sick leave who is fit to return to an alternative job rather than his/her own job has no statutory right to be paid in full.

The facts

Following a period of illness, William Stewart was declared fit to return to work – but not to his old job. Because there were no suitable jobs available for redeployment, he was dismissed.

Stewart had been paid in accordance with his employer’s sick pay policy (six months’ full pay followed by six months’ half pay), but said he should have been paid in full from the date he was signed fit to go back to work. He brought a claim for unlawful deduction of wages.

The ruling

The Employment Appeal Tribunal (EAT) rejected Stewart’s claim. Although an employee who is ready, willing and able to do his/her job has a statutory entitlement to be paid, this is not the case if s/he is ready, willing and able to do another job but no suitable redeployment is available. There would need to be a specific contractual term to provide such an entitlement.

Stewart v Cardiff and Vale NHS Trust UKEAT/0216/05