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Department for Work & Pensions v Sutcliffe - sick pay is remuneration and so not payable during maternity leave - EAT 10.10.07

Mrs Sutcliffe joined DWP in April 2006. Having gone off sick she was paid sick pay for June and July 2006. She then commenced maternity leave from 1 August 2006, which was unpaid because she had worked for DWP for less than 26 weeks. Since she remained sick throughout, she claimed that the failure to pay her sick pay whilst on maternity leave was an unlawful deduction of wages. An employment tribunal agreed and DWP appealed.

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