Manchester City Council v Thurston [2002] IRLR 319 EAT

Reports relating to this case:

  • Contractual sick pay: Contractual clause withholding sick pay for misconduct had no effect

    22 July 2002

    An employer was not entitled to withhold sick pay from an employee who took sick leave because of anxiety and depression immediately after being disciplined for misconduct, notwithstanding a contractual clause excluding such entitlement where sickness was "due, or attributable, to his own misconduct", the EAT holds in Manchester City Council v Thurston.