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British Library & Others v (1) Kaur (2) Cannon-Dusauzay - Employee must have legal right to be paid (and so be willing and able to work) before a claim for unlawful deduction of wages can be made out [2008] EAT

Ms K and Mr C-D raised grievances alleging bullying etc, and went off sick with stress. Medical advice was that both were unfit for work until matters were resolved. While absent they refused to cooperate in any way with the Library's investigations into their complaints, and soon stopped sending in sick notes. However, the Library continued to pay them sick pay, and after 6 month's absence, they therefore went onto half-pay.

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